Our Discussion makes news.

Larry Tribe larry at TRIBELAW.COM
Fri Aug 4 17:26:10 PDT 2000


I sure would be troubled -- and am troubled right now by the discussion in
the Rocky Mountain News.

I've assumed that the ground rules under which journalists are invited to
"listen in" on our e-conversation is that they not quote from it, and
certainly not attribute views to any one of us, without specific permission.
If that isn't the clear understanding, I'd suggest it ought to be. Some of
us might choose not to participate in the list at all unless the journalists
who are listening in affirm that understanding of the rules of this
particular game.

At the same time, I have assumed that, in teaching our students, and in
handing out materials to help guide class discussion, we should feel free to
refer generally to views expressed on the list, and even to say that
Professor X of the ABC Law School has suggested that Y, where Y is an
(accurate) condensation/paraphrase of what X posted on the list. Is that the
general view?

And how do others feel about going further still and directly quoting from
someone on the list, by name, in class discussion or in materials handed out
for class (which we obviously can't prevent students from circulating more
broadly)?

-- Larry Tribe

-----Original Message-----
From: John C. Eastman [mailto:jeastman at CHAPMAN.EDU]
Sent: Friday, August 04, 2000 3:40 PM
To: CONLAWPROF at listserv.ucla.edu
Subject: Our Discussion makes news.


"Keith E. Whittington" wrote:

(I might note that the Rocky Mountain News recently published a rather
amused editorial about our discussion on this list.)

Complete with block quotations, I might add.  The URL is
http://www.insidedenver.com/seebach/0730seeb.shtml
<http://www.insidedenver.com/seebach/0730seeb.shtml> , in case anyone is
interested.  Is anyone troubled by seeing their posts to this list in the
papers?  Should we be?
--John Eastman


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