Posted by Eugene Volokh:
How to make substantive criticism look like guarding professional turf:

   [1]Eric Muller (IsThatLegal?) posts an open letter to the media from
   various historians:

     We represent the Historians' Committee for Fairness, an
     organization of scholars and professional researchers. Michelle
     Malkin's appearance on numerous television and radio shows and her
     comments during these appearances regarding her book IN DEFENSE OF
     INTERNMENT represent a blatant violation of professional standards
     of objectivity and fairness. Malkin is not a historian, and she
     states that she relied almost exclusively on research conducted or
     collected by others. Her book, which purports to defend the wartime
     treatment of Japanese Americans, did not go through peer review
     before publication. This work presents a version of history that is
     contradicted by several decades of scholarly research, including
     works by the official historian of the United States Army and an
     official U.S. government commission. In fact, the author's
     presentation of events is so distorted and historically inaccurate
     that, when challenged by reputable historians, she has herself
     conceded that her main thesis in incorrect, namely that the MAGIC
     intercepts of prewar Japanese diplomatic cable traffic, explain and
     justify the mass incarceration of Japanese Americans. As Malkin
     states, her critics have noted that "once the decision was made to
     evacuate ethnic Japanese from the West Coast, many ancillary
     decisions were made--and MAGIC doesn't explain all or even most of
     them. True...." (see her website, www.michellemalkin.com, August 6,
     2004)

     It is irresponsible of your producers to permit Michelle Malkin's
     biased presentation of events to go unchallenged as a factual
     historical presentation. We therefore respectfully demand that you
     formally apologize to the Japanese Americans who have been
     slandered by Ms. Malkin's reckless presentation and invite a
     reputable historian to present a more even-handed view of the
     evidence.

   The historians may well be right in their criticisms of Malkin; I
   haven't been following the controversy closely enough to have an
   expert opinion. But it seems to me that they've framed their
   criticisms in a way that greatly weakens their argument.

   What do they start with? They're professional researchers -- good
   enough as it goes. Then they allege that Malkin isn't "objectiv[e]"
   and "fair[]" the way that professionsl are. Well, I certainly support
   objectivity and fairness, but my guess is that (1) many historians
   themselves are pretty biased; (2) a longstanding, and plausible,
   criticism of the very people who are likely to be sympathetic with
   Malkin is that many historians are indeed biased towards the Left; and
   (3) the media thrives on contentious presentations, where two
   partisans duke it out, either on the same show or over time. They
   think it makes for more interesting programming, and they think that
   it's quite fair. I doubt that supposedly objective historians will
   persuade them, or their viewers, otherwise.

   But then, it seems to me, it gets worse: Malkin isn't a historian, and
   relied on research done by others. Well, the media publishes
   commentary by people who aren't professional academics, and who rely
   on research done by others, all the time. That's what columnists
   usually are. You might not get tenure in a history department if you
   rely on research done by others, but such reliance doesn't disqualify
   you from appearing in the media.

   Nor, more importantly, does it make you wrong. And while not being a
   professional historian may make it more likely that you'll get some
   things wrong, it's hardly a guarantee of that -- plus sometimes an
   outsider to a profession can indeed help puncture professional
   orthodoxy (though I suspect it happens less than outsiders might
   like). The same goes for peer review; even if peer review dramatically
   improves accuracy (maybe), the absence of peer review hardly proves
   inaccuracy. And in any event I'm pretty sure that the media and the
   public don't treat peer review with the reverence that professional
   scholars in peer-reviewed disciplines might. The
   not-a-historian/relied-on-others'-research/no-peer-review sentence
   will likely sound to many like a guild guarding its professional turf
   against upstart competition, not a substantive critique that should
   make the media or viewers take notice.

   So the first four sentences, it seems to me, frame the issue entirely
   the wrong way (especially since the first sentence's reference to
   professionalism, which is unobjectionable on its own, ends up looking
   like more turf-guarding in light of the following sentences). And then
   the letter gets to the heart of the argument -- the point that should
   be persuasive to media and to viewers, and that appeals to
   acknowledged media ethics: Malkin is wrong. Now that might persuade
   people that she ought not be trusted, and that at least some contrary
   voices should be called on to rebut her arguments. (The call for an
   apology to soothe hurt feelings seems to me to return to the
   unpersuasive, because it distracts from what's accurate to what's
   offensive, but at least it doesn't smack of trying to defend guild
   authority.)

   That, it seems to me, is what the historians should have started with:
   They should have put their strongest argument -- the claim of grave
   inaccuracy, and the reasonable call for an opportunity to respond --
   front and center. And then they should have stayed on that message,
   perhaps even beefing it up with more telling details.

   Instead, they buried the lede. (Should they have taken their own
   advice and left this sort of writing to professional, credentialed
   journalists or press relations specialists? I don't think so, but at
   least I don't think they would have then made that mistake.) But
   worse, they buried it under a different lede that, it seems to me,
   frames the argument exactly the way that professional academics ought
   not frame it -- at least if they want to persuade their lay readers.
   Perhaps I'm mistaken; I too am not a professional press relations or
   public relations expert, and I'm sure I have many blind spots myself
   when dealing with people who don't share my own professions'
   preconceptions. But my sense is that the historians really did err in
   their rhetoric here.

References

   1. 
http://www.isthatlegal.org/archives/2004_08_29_isthatlegal_archive.html#109404285228914607

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