Cheap shots against Palin

[eelerath at verizon.net]

To every member of this list:

Does anyone think Prof. Volokh is an incompetent bozo in the same  
category as Sarah Palin?  My guess is that the answer is "absolutely  
not."  So think about this:

A couple of years ago, I attended a lecture given by listmaster  
Volokh on "slippery slopes."  After his talk, I asked Prof. Volokh  
why architecture has no First Amendment recognition.  After all,  
there are libraries full of books on the subject of architectural  
meaning and Prof. Volokh is a first amendment expert.

I did not pose the question to 'ambush' the man.  He initiated the  
talk and was introduced as a FA scholar.  I sincerely and truly  
wanted an explanation that should be simple for anyone in his  
position to answer.  He had previously spoken with some pride about  
how "We gave first amendment recognition...." to entertainment, art,  
music and even pornography, so I was expecting to get a definitive  
answer.

Prof. Volokh's response?

"Because architecture does not have the capacity to convey ideas that  
other forms of art do."  Presumably pornography is a higher art form.

Now, I've never been to law school and even I know that this line is  
a bunch of crap.  It's not a suitable response for a first year  
student with a hangover, much less for someone of his stature.

The point here is that every single one of you finger-wagging, self  
righteous, holier-than-Sarah Palin constitutional scholars might have  
every word you've ever spoken played back on UTube just to see  
yourselves in the mirror.  I bet you'd look just as bad.

I still haven't received a clear answer from anyone, anywhere on  
planet earth to my question.

Oh, Eugene.  Please spare me the private email admonishing me for  
posting to a 'professors only' list.  Thank you, I have enough of those.

Eric Elerath
Xerias Labs - A Think Tank of One


On Nov 7, 2008, at 8:52 AM, Robert Sheridan wrote:

> The objection to "ambush journalism" is that it gives the target no  
> time to think about what one knows and what one, justifiably, doesn't.
>
> Very few of us would think it fair to be subjected to a snap quiz  
> on a subject we hadn't done at least some preparation for, even if  
> the test occurs while we're running for one of the highest offices  
> in the land.
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