In a prior entry, I crticized the use of a quote in a Volokh.com post by Todd Zywicki. I suggested that the quote was suspect, given a number of factors.
Investigation has revealed that the quote is actually drawn from a real e-mail. (I have received a copy of the e-mail in question). To the extent that my earlier post may have implied that the quote Zywicki used was fabricated, I was wrong on the facts. Given the factual support for the existence of this particular quote, some of my rhetoric was overbroad and inappropriate. I posted too quickly, and should have done further investigation myself before making some of my statements.
That said, I believe that many of the underlying concerns of my original post remain accurate, for reasons that I’ll state below.