I'm sure that many journalists (I can't speak to "most") will 
occasionally distort things either intentionally or subconsciously.  But my 
chief point here is that the imprecision in the statement is not an effective 
salvo in a culture war against guns.  The very inclusion of the statement 
(whether put precisely as Bishop's not having a concealed carry license, or 
imprecisely as the article itself put it) helps the pro-gun-rights side.

            Eugene

From: Raymond Kessler [mailto:[email protected]]
Sent: Tuesday, February 16, 2010 9:36 AM
To: Volokh, Eugene; [email protected]
Subject: RE: Media lies, distortions, and innocent errors

Yes, there are sometimes innocent errors, but most of the media are not above 
becoming cultural warriors.

Ray Kessler
Prof. of  Criminal Justice
Sul Ross State Univ.



From: [email protected] 
[mailto:[email protected]] On Behalf Of Volokh, Eugene
Sent: Tuesday, February 16, 2010 11:09 AM
To: '[email protected]'
Subject: Media lies, distortions, and innocent errors

               I agree that the media often errs badly, especially about guns 
but also otherwise.  Check out the Boston Globe article about Bishop's killing 
her brother 24 years before:  "the girl had fought with her brother in the 1986 
incident, then shot him with a shotgun and fled down the street with the rifle 
in her hand."

               But I wonder whether the error below is really part of a 
deliberate campaign to lie (presumably in ways that make law-abiding gun 
owners, and gun decontrol laws such as shall-issue, look bad).  First, I'd 
guess that the reporter was just being imprecise, and meant that she had no 
concealed carry license.  Second, I assume that her lack of license is good for 
gun-rights proponents, because it supports the view that licenseholders are 
generally highly trustworthy, and shall-issue laws do not increase the rate of 
gun crime by gun owners.  If she had a concealed carry license, or if readers 
thought Alabama didn't require a concealed carry license, that would fit the 
anti-carry arguments of the "you give people concealed carry licenses, they'll 
start carrying everywhere, and if something happens to anger them, they'll 
shoot" variety.  So a technically accurate "Police have said Alabama law does 
not require a permit for the gun they believe she used in the campus shooting" 
would have been worse for the pro-gun-rights side.  If the reporter wanted to 
make law-abiding gun owners look bad, that's what he would have said; the 
sentence he used, while ambiguous, makes law-abiding gun owners look good.  Or 
am I missing something?

               Eugene

From: [email protected] 
[mailto:[email protected]] On Behalf Of Joseph E. Olson
Sent: Tuesday, February 16, 2010 8:55 AM
To: [email protected]
Subject: Media lies and distortions

"Police have said Bishop had no permit for the gun they believe she used in the 
campus shooting... ."

Every AP story on the Huntsville murders has contained the quoted phrase 
notwithstanding that she had no permit because ALABAMA REQUIRES NO PERMIT to 
possess a firearm.  It's classic example of media distortion.  In federal 
Securities Law we call this lying by omission and if you do it in a stock 
report, you could get 10 years in federal prison plus a host of civil lawsuits.

If you're in the media, you'll be following the MSM "party line" and get 
promoted.  No wonder no one trusts reporters anymore.
Professor Joseph Olson, J.D., LL.M. o- 651-523-2142
Hamline University School of Law f- 651-523-2236
St. Paul, MN 55113-1235 c- 612-865-7956
[email protected]

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