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Mickey in Chains, or Why the Court Got It Wrong in Eldred v. Ashcroft |
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Prof. Jack Balkin, Knight Professor of Constitutional Law and the First Amendment at Yale Law School, director of the Information Society Project, and sponsor of LawMeme, has his own blog: Balkinization. His analysis of the Supreme Court's handling of the First Amendment issues in Eldred can be found there (Mickey in Chains, Part II, or Why the Court Got It Wrong in Eldred v. Ashcroft). Conclusion:
In the Court’s eagerness to get rid of the first amendment claims in this case, it has created truly bad law that will cause problems for freedom of expression for many years to come. This is simply a disastrous opinion for free speech, and the Court should be ashamed of the shoddy job it’s done in this case.
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