Steve Bainbridge accuses experts quoted on the Disney case in the news today as “shooting from the hip” because they couldn’t “have read and digested [the 170+ page opinion] in time to provide to provide informed commentary.”
Hmph. That’s a pretty broad condemnation. Possibly this experience was typical: The New York Times quoted comments I gave early in the day, before the opinion came down. I did talk to one reporter from another paper two hours after getting the opinion. That was enough time with the opinion to have been able to say some things with confidence after having very carefully analyzed this case over its many iterations for years. However, that reporter quoted something I had said earlier in the day. So I can say with confidence that my quotes weren't "shooting from the hip." Moreover, I think it was possible for a knowledgeable law professor to have had reasonable things to say about the opinion last night.
But Steve's post does raise some issues about law professors talking to reporters. In some cases, I have wondered what the professors add. I'm thinking particularly about all the law professors who became instant experts on election law in Florida in 2000.
On the other hand, law professors can provide a valuable service. Few business reporters are lawyers. They’re journalists. (If one shouldn’t reach outside of one’s specialty, I suppose law professors shouldn’t try to be journalists, right?) They’re working on deadlines and news cycles that they’re not responsible for. They either get it wrong or get guidance. What’s in the news ends up shaping public opinion, so somewhat informed is better than uninformed. Perfectly informed would be better than either one, but we don’t have the power to create that situation.
In the long run, I’m hoping that blogs can help inform the MSM. I think they are – at least I have the impression from reporters that mine is helping. The reporter I talked to after the decision said she had learned useful background from my preview of the opinion.
Perhaps Steve or somebody will explain where I went wrong, but until then I plan to continue talking, and writing, to reporters.
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