Scott Johnson posts on an interesting email exchange between GMU Dean Dan Polsby (author of a pro-government amicus brief in FAIR v. Rumsfeld) and a reporter from the Harvard Crimson reporting on the oral argument in FAIR v. Rumsfeld. In the exchange Dean Polsby addresses the argument that arose in oral argument drawing on an amicus brief submitted by several Harvard Law School professors.

The underlying article in the Harvard Crimson suggests that the amicus position may have more "legs" with the Justices than the First Amendment challenge raised by FAIR's lawyer and on which the Circuit Court opinion was grounded.