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July 27, 2007


The most important point is the court's clear definition that community assocations are not governmental entities. While I know that makes Evan McKenzie gag on his breakfast, it is the fact. An association is no different than any other business entity. And as for Prof. Askins trying to spin silk from pig swill regarding this decision, well we probably need to be sympathetic since he has invested 5 or 6 years of his time and his students in tilting at this particular windmill.

Here's an interesting possibility. Had the Supremes upheld the Appelate decision for the plaintiffs, I would have been able to insist that the NY Times print anything I sent them and on whatever page I directed. And this case would have contained the precedent to require them to comply.


Some people would argue that freedom of contract is as important as freedom of speech.

Not enough people these days, but some.

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