BILL GLABERSON'S
STORY on the
Emerson decision is pretty fair overall. But it has two slips that illustrate a standard problem with media gun reporting -- especially in the
New York Times.
The first is this reference to
more recent scholarship, some of it sponsored by the National Rifle Association, [that] has suggested that those earlier readings got history wrong. The newer research, cited by the court yesterday, argued that at the time the Second Amendment was written there was great interest in giving individuals access to firearms.
What's wrong with this? Well, first, only a tiny fraction of scholarship supporting an individual right to arms was "sponsored by the National Rifle Association." However, most pro-individual right writings were written by people like me (full disclosure!), Sanford Levinson and Scot Powe of the University of Texas, William Van Alstyne of Duke, Laurence Tribe of Harvard, Eugene Volokh of UCLA, Akhil Amar of Yale, Daniel Polsby of Northwestern and George Mason University, etc., etc. I rather doubt that any of these people got any money from the NRA for writing their articles -- God knows I didn't. Meanwhile, if you look at footnote 9 in the opinion, you see the court cite numerous articles from the
Chicago-Kent Law Review's symposium on the Second Amendment (including one by debunked historian
Michael Bellesiles) -- which was funded by the anti-gun Joyce Foundation and which paid the authors of these articles, which all oppose an individual right, a
whopping $5000 honorarium for writing their pieces. This is an enormous honorarium (I got $500 for speaking at a Stanford symposium on the Second Amendment last year -- that's more typical) and you can bet that anti-gun groups would be howling if the NRA paid anyone anything like that. But Glaberson -- who knows this, or should -- doesn't mention that.
The second interesting thing is where Glaberson explains that the two judges who voted for the individual rights interpretation of the Second Amendment were appointed by Republicans. Now, this isn't just a factor in gun reporting -- I've noticed that ever since the last presidential election journalists have started stressing votes and their connection to who appointed the judge. Now, those do go together to a degree and always have -- I'm sure that Hoover and Coolidge-appointed judges voted differently from FDR-appointed judges, too -- but the question of who appointed judges wasn't usually imported into reports on their decisions. One rather doubts that the question would have been raised at all had the decision gone the other way.