“Although I have been retained by the Consumer Electronics Association, the views expressed in this paper represent my own views as a scholar and student of the Constitution.”

December 13th, 2011

Can Larry Tribe’s 23-page memo arguing that SOPA is unconstitutional, produced at the expense of the Consumer Electronics Association–a group that seeks to stop SOPA–be frankly considered those of his “own views as a scholar and student of the Constitution?” Is this disclaimer even effect? This goes back to Dick Fallon’s article about scholars signing briefs and acting as advocates. If a Law Review article was sponsored by some lobbying group, would anyone consider it scholarly?