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?