I don't really think so. There are a lot of other laws like this. For example, you have the right, according to law, to take pictures of people in their homes, provided you stand on public ways and are not harassing them. When people pull the shutters, is that malfunctional?

There's also a difference between a positive right (the government protects your right to do something) and a negative one (the government will not prevent you from doing something). Fair use seems to be a negative right -- the government does not prevent you from using copyrighted works. But it doesn't require that copyright owners convey these works to you as conveniently as you want.