In researching my book, I came across a list of John Roberts's publications that he submitted for his 2005 confirmation hearing. It included a law review article that he wrote in 1978 while a student at Harvard Law School. Lo and behold, it was about a case I had argued the previous year, Houchins v. KQED. The court ruled against me, holding there is no First Amendment right of access to government information. Roberts disagreed, even quoting from my brief. Here's a PDF of his article. Now that Roberts will be presiding over the impeachment trial, he may well have to decide issues involving access to government information, so I'm getting to work on an op-ed hoping he rediscovers his youthful enthusiasm for public access.
| scans.pdf |
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