Callaghan v. Myers
In Callaghan v. Myers, 128 U.S. 617, 1889 Dec. Comm'r Pat. 304 (1888), the U.S. Supreme Court held that a court reporter, notwithstanding that he was a state employee, could assert copyright in all of his compilation of judicial opinions except the opinions themselves.
This decision by the U.S. Supreme Court came merely one month after its landmark decision in Banks v. Manchester. The timing demonstrates that if there were an independent holding in Banks relying on the fact that judges are paid by the public, it was rejected by the Court itself one month later.