This space will feature papers prepared by the students in the Law and Information Society Class at the Washington College of Law. The views expressed are solely those of the students concerned. These papers should *not* be taken as legal advice; they are discussion documents and in many instances will be subject to later revision.
Click here for a detailed mock Supreme Court opinion in Reno v. ACLU --the challenge to the constitutionality of the Communications Decency Act. This mock opinion was written by Professor James Boyle and a number of students from his Law in the Information Society Class. Thomas Comerford, Christian O'Connell, Rosemary Cavanagh, Eugene Chay, Emily Kraft-Goldberg, Johnny Kim, Jeff Norton and Bill Trumpbour.
Brock Meeks called the students work, "a fascinating piece of brain candy.. a feast for the head.. The parts burying the CDA are interesting enough, but it’s the 'Un-dissent,' written by Un-Justice Scalia, for himself and Un-Justices Thomas and Rehnquist, that raises the issues of import for this column." Brock Meeks, The CDA in the Land of the Undead.
Here's what WIRED had to say
Now that Supreme Court arguments about the constitutionality of the Communications Decency Act are over and done with, netizens everywhere are doomed to hang on tenterhooks until the Supremes decide the fate of online free speech in July. But at least one site has posted a predictive mock opinion that could offer insight into which direction the court may ultimately tilt. Penned by Professor James Boyle's Law in the Information Society class at American University's Washington College of Law in the space of 10 days and posted a half hour after arguments in Reno v. ACLU concluded on Wednesday, the "un-opinion" examines certain lines of questioning pursued by the justices. Boyle and his students proved to be especially prescient about Antonin Scalia's interest in the impact increasingly sophisticated blocking and filtering technologies could have on the future constitutionality of statutes such as the CDA...
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