I am not just saying this because Bashman linked to me, but
since he has emerged as a hero of the First Amendment, I still wonder why Eugene
Volokh is. After all if Professor Volokh
fancies himself some kind of First Amendment scholar, you think he would be all
over Higazy-gate. I mean, this case has
everything: 1) The First Amendment as applied to the courts; 2) torture; 3)
summary judgment; 4) national security; and 5) the First Amendment as applied
to bloggers.
Then,
a commentator points out: Volokh probably thinks that keeping silent on this
issue will help secure him a judgeship. Is this the case?
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