Speaking of prior restraint!
We toyed a little bit with the very big idea of prior restraint in constitutional law about a week ago. Now Clarice Feldman writes about “Duke’s boundless chutzpah”:
After tarring and feathering and discriminating against the Duke lacrosse members at a critical juncture in their college careers and lives, the Duke Administration has gone to court trying to shut down the players’ website, which contains the pleadings in their recently filed case against the university and a compendium of press coverage about the case.
The website seems well within ethical bounds and the pleadings by the University cite no authority to suggest otherwise.
I’d like to see those pleadings, but until I do, well, boundless does seem like the right word! (Hat tip to Insty.) This sure sounds like the civil version of the sort of unethical lawyering that has already ended one hot-shot legal career, and the kind of Goliath-like litigation bullying that just makes us reach for our slingshot.
Meanwhile be sure to click and link to that website — and, unless the players object, maybe archive and mirror it, too. Just in case.
Yes, we’re feeling a little subversive at LIKELIHOOD OF CONFUSION®. And then some!