Concurring Opinion
Justice Thomas argued that, consistent with the statutory language, district courts should have discretion to award attorney's fees to both prevailing plaintiffs and prevailing defendants not only in copyright cases but also in Title VII cases. Because the Court had previously adopted a double standard in Title VII cases, Justice Thomas argued that the Court should overrule its cases setting forth the different standard for attorney's fees in Title VII cases.
Read more about this topic: Fogerty V. Fantasy
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“We can never be sure that the opinion we are endeavouring to stifle is a false opinion; and even if we were sure, stifling it would be an evil still.”
—John Stuart Mill (1806–1873)