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26 Oct 2022, 6:58 am by INFORRM
Taking up this point, in Tah v Global Witness Publishing, Inc 991 F3d 231 (DC Cir, 2021), Silberman J (dissenting in part) called for Sullivan to be overruled, on the grounds that its “holding has no relation to the text, history, or structure of the Constitution, and it baldly constitutionalized an area of law refined over centuries of common law adjudication” (id, 251). [read post]
3 Jul 2023, 10:49 pm by Josh Blackman
Global Witness Publishing, Inc., 991 F. 3d 231, 251–256 (CADC 2021) (Silberman, J., dissenting in part) (questioning the doctrine). [read post]