August 17, 2006
US Court of Appeals Cites Blog at Length
From the California Appellate Report Blog: "Pretty interesting when a fairly substantial portion of your dissent entails a block quote from a blawg. As Judge O'Scannlain — joined by four others — does here."
Here's the quote:
A respected First Amendment scholar notes that the panel majority’s decision constitutes
a dangerous retreat from our tradition that the First Amendment is viewpoint-neutral. It’s an opening to a First Amendment limited by rights to be free from offensive viewpoints. It’s a tool for suppression of one side of public debates (about same-sex marriage, about Islam, quite likely about illegal immigration, and more) while the other side remains constitutionally protected and even encouraged by the government.
Eugene Volokh, Sorry, Your Viewpoint Is Excluded from First Amendment Protection, April 20, 2006, http://volokh.com/posts/1145577196.shtml.
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