“…Our freedoms are recognized or denied based on court rulings. Our understanding of those court rulings often derives from media coverage of them. When we do a lousy job of covering law, or when we put up with journalists doing so, we’re doing a lousy job as citizens.”
—-Attorney-Blogger Ken White, after meticulously exposing how the media, old and new, completely misrepresented a Texas court’s striking down an overly broad statute as protecting “upskirt” photographs.
Ken White has delivered another masterpiece, expertly debunking the news media’s criminally ignorant analysis of a Texas Court opinion. I must admit, when I saw the headline “Texas Court: Ban on ‘Upskirt’ Photos Violates First Amendment Rights” and its ilk around the web, I just assumed that reporters were being sensational and dumb as usual, and moved on to other things. Thank goodness Ken was on the case, and properly flagged the danger in lawyers reacting this way. We have a tendency as a profession to think, “Well, there they go again, completely misunderstanding the law, poor dears” when we should be working overtime to set the record straight. I admonish my seminar attendees for doing this regarding the public’s distorted view of legal ethics, and fell into the same trap myself.
Ken’s dissection of the flat-out wrong reporting on this case is frightening: it is clear that most reporters are incapable of understanding what court opinions mean, yet there they are, writing nonsense and making the public more ignorant, not to mention making them think taking upskirt photographs is legal and constitutionally protected.
Counselor White has had a busy year that has kept him from providing his usual volume of daily enlightenment. He is back in top form, and we should all be grateful.