There is a brilliant article in the current issue of the Stanford Law Review, one of the most prestigious in America. Its past editors have included one Chief Justice of the Supreme Court, William Rehnquist and one Supreme Court Justice, Sandra Day O’Connor and a host of federal district judges, appeal judges and legal luminaries. An article like this, prominently featured in the December 5th edition, is not something to be ignored.
As a legal journal you would expect it to be abstruse and it is, but the killer punch comes in the final paragraph, an easily understandable mighty swipe at the appeal court in Boston which upheld the PSNI/US Department of Justice effort to get their paws on the IRA oral history archive at Boston College. It reads: “…..by overlooking the considerable interests supporting the Belfast Project’s confidentiality guarantee, the First Circuit erred both as a matter of precedent and of policy. At least one Supreme Court Justice has signaled a willingness to correct the mischief done by the First Circuit, and to clarify an area of First Amendment law where the Court’s guidance is sorely needed. The rest of the Court should take note.”
The full text is below. Read, savor and enjoy.