Friday, November 24, 2006

Weekly Update: Due Process, First Amendment

The most important development in the week's news so far just might be this, from howappealing by Howard Bashman (link down and to the right on my sidebar). Thanks Howard!
Access online the D.C. Circuit's order granting rehearing en banc in the substantive due process access to experimental potentially life-saving drugs case: I obtained a copy of the D.C. Circuit 's order entered yesterday granting rehearing en banc in the case from that court's PACER system, and I have uploaded a copy of the order to this link. Posted at 10:25 AM Tuesday, 11/21, Howard Bashman.

And, so now I'm supposed to research down to the gnats *ss every time I use a fact that MIGHT be injurious and put it on my blog to make sure its not defamatory? But as one commenter at Volokh points out, "This [ruling] is not a victory for free speech, which was already protected; it is a victory for the perpetrators of libel and slander." Respectfully, I dissent. The original perpetrator remains liable, and unwitting bloggers should not be dragged into court, and should remain free of the undue burdens of hiring a lawyer to understand what defamation means. Thoughts, anybody?

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