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Monday, December 03, 2007

Cert denied in Boehner

Well, I was wrong on this one. Turns out the Court denied cert in Boehner v. McDermott, contrary to what I had predicted. My guess is the Court thought the case was so unique--the lower court's basis for holding the disclosure unprotected was that McDermott is a member of the House of Representatives and the House Ethics Committee and his disclosure was punished by the House--that there was no need to reverse. The thought might have been that the decision is not going to act as meaningful precedent cutting against the speech-protective holding in Bartnicki in cases not involving members of legislative bodies with outside limits on their speech.

Posted by Howard Wasserman on December 3, 2007 at 07:45 PM | Permalink

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