Word: kozinsky
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...Federal Appeals Judge Alex Kozinski (dissenting), Masson v. New Yorker Magazine...
...American journalism has brought Masson v. New Yorker Magazine, Inc., on itself by worshiping at the shrine of the quote. The case is now before the Supreme Court. Most journalists would probably agree with Judge Kozinski of the lower court that an article without quotes just doesn't hack...
Maybe what American journalism needs is not just better quotes but fewer quotes. The Masson case is a reminder that the accuracy and wisdom of a piece of journalism inevitably depends on "the author's own observations and conclusions," as Judge Kozinski puts it. It is often more efficient, not to say more honest, to express these directly. Quotes can become a crutch. Or rather, "Quotes can become a crutch," says one observer of the journalistic scene...
...court ruled that even if Masson did not say those words, Malcolm's inventions were permissible because they did not "alter the substantive content" of what he actually said, or were a "rational interpretation" of his comments. Judge Alex Kozinski fiercely dissented: "While courts have a grave responsibility under the First Amendment to safeguard freedom of the press, the right to deliberately alter quotations is not, in my view, a concomitant of a free press...
...legal issues facing the Supreme Court: affirmative action, Government involvement with religion, abortion and privacy rights. Says Deputy Solicitor General Donald Ayers, who argued several cases before Kennedy: "I always had the sense that he approaches each case with no predilection about who will be the winners or losers." Kozinski asserts that Kennedy sometimes is open to change even after reaching a preliminary decision. When clerks had trouble framing an opinion according to the judge's instructions, says Kozinski, Kennedy would muse that "if the case wouldn't write that way, maybe the result was wrong...