Joe:  I'm just not sure that this sort of imprecision - use 
"permit" to mean "concealed carry license," even though on its face it could 
mean "gun ownership permit" - would advance the reporter's supposed anti-gun 
bias.  And the inclusion of the sentence, precise or imprecise, yields a 
pro-gun-rights result, which makes it even less likely that the reporter's 
imprecision was part of an anti-gun agenda.

            Eugene

From: [email protected] 
[mailto:[email protected]] On Behalf Of Joseph E. Olson
Sent: Tuesday, February 16, 2010 9:30 AM
To: [email protected]
Subject: Re: Media lies, distortions, and innocent errors

Old saying in military intelligence -- "Once is error, twice is coincidence, 
three times is enemy action [i.e., deliberate]."

People in the media continuously make this same "error."  It's hard to believe 
they could all by honestly mistaken (especially a local Alabama reporter like 
the AP stringer in this case).  In fact, having dealt with them for over 30 
years on the gun issue, I know that some reporters will use distortions, even 
lies, in the pursuit of "advocacy journalism" even on the "news" pages.  I've 
had a reporter or two admit it on occasion.

Joe

>>> "Volokh, Eugene" 02/16/10 11:10 AM >>>

               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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