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Tar Heel Pundits
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Tuesday, August 27, 2002

Recent First Amendment Developments

Sean Bradley has pulled together a good synopsis of some recent developments in First Amendment Law. (Link found via Kyle Still) However, I think he may have missed the 2-1 ruling Monday by a three judge panel of the Sixth Circuit's in Detroit Free Press, et al., v. John Ashcroft, et al., No. 02-1437, which held that the First Amendment confers a public right of access to deportation hearings. (The Washington Post story on it is here.) Professor Reynolds says that the two majority judges are among the furthest left on the court, and suggests that there is a good possibility of an en banc rehearing (i.e. a rehearing by the full Sixth Circuit instead of just three judges).

I am extremely curious about how case law will influence the way the government handles this war. Does anyone have any thoughts on what role the courts will play in this conflict?

posted by John Branch @ 5:36 PM

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