Dicta:
Plural of dictum:
- : a noteworthy statement: such as
- : a formal pronouncement of a principle, proposition, or opinion
awaiting the king’s dictum- : an observation intended or regarded as authoritative
must follow the dictum “First, do no harm”- law : a judge’s expression of opinion on a point other than the precise issue involved in determining a case [Merriam-Webster]
Noted in “How Samuel Alito got canceled from the Supreme Court social media majority,” Joan Biskupic, CNN/Politics:
Plainly irked by the turn of events, Alito wrote in his final concurring opinion that Kagan’s First Amendment pronouncements amounted only to “nonbinding dicta” that lower courts need not follow.
Such lines between core principles of a decision, or mere dicta, are often fuzzy and the source of disagreement among lower court judges – and even the justices themselves. But, despite Alito’s protest, Kagan had a majority signing her decision, which, at minimum, offers lower court judges a strong indication of the framework the high court majority would use in future online challenges.
The decision is interesting to me because I faced similar issues, albeit and thankfully not in Court, from time to time in the 1980s. One fellow seemed to want me to guarantee his copyright on the poetry he was putting up on my BBS, which I refused. More of a Wild West time.
