Re: [dvd-discuss] O'Connor quoted at USA Today from Eldred oral argument

[Seth Johnson <seth.johnson(at)realmeasures.dyndns.org>]

"Peter D. Junger" wrote:
> 
> I would suggest that Lessig's failure may be tactically wise---very wise.


Thanks for this explanation.

It helps me understand more, and it seems reasonable, though
I wonder if the "second best argument" really needed more
setup, and whether explicitly separating the two arguments
as he did, undermined the ploy as such.

Have to wait and see, I guess.  And why is the First
Amendment argument regarded as secondary -- the lack of
precedent?

Seth Johnson

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