The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
"We Need Not Apply Newton's First Law of Motion to Legal Precedent"
"[E]rroneous precedent once in motion need not stay in motion."
An interesting turn of phrase from Tuesday's concurrence by Judge Michael Catlett, joined by Judge James Morse Jr., in Hintzen-Gaines v. Adelson. The specific issue the two judges (who actually formed the majority of the three-judge panel, but wrote this in a concurrence):
[W]hen properly raised, this court should set things right in this area of law by making clear that only common law rules apply when a private-figure plaintiff brings a defamation claim based on speech addressing only matters of private concern. Ultimately, however, we agree with the majority decision that plaintiff did enough under existing caselaw to survive a motion to dismiss, and therefore we join the majority decision in full.
