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Reality has become a commodity

Earlier this week, the NY Times reported that a “simple search of published court decisions shows that Wikipedia is frequently cited by judges around the country, involving serious issues and the bizarre.” In fact, over 100 judicial rulings since 2004 have cited to Wikipedia for some supporting point. And while the Supremes haven’t done it yet, there have been 13 citations from federal Courts of Appeals, so it’s only a matter of time before the Scalia is citing to the Garden Gnome Liberation Front.

Judge Posner, a well known Seventh Circuit guy, says that Wikipedia is a “terrific resource” which is both convenient and “very accurate.” A New York tax attorney disagrees, saying:

citation of an inherently unstable source such as Wikipedia can undermine the foundation not only of the judicial opinion in which Wikipedia is cited, but of the future briefs and judicial opinions which in turn use that judicial opinion as authority.

So on one side, we’ve got folks say it’s a reliable tool. And on the other side, we’ve got folks saying it’ll bring down the judicial branch as we know it. I gotta’ go with the latter opinion here. I mean, look at some of the ways courts have been using Wikipedia: (i) to help come up with a working definition of “beverage;” (ii) to explain what a Jewish marriage ceremony is; (iii) to show how one defines “booty music” in connection with wet T-shirt contests (this case comes from, of course, Florida!); (iv) to explain what a Jewish marriage ceremony; and (v) my favorite, an Iowa opinion explaining that “jungle juice” is “the name given to a mix of liquor that is usually served for the sole purpose of becoming intoxicated.”

Clearly the type of things which “undermine” the judicial system. I mean, sure, jungle juice could undermine the judicial system, but more in the “lawyers showing up drunk on the jungle juice” way.

The title of this post, by the by, comes from “The Colbert Report.” Colbert has recently taken to commanding his audience to fuck with Wikipedia, and earlier this week he wanted the site’s entry for “reality” changed to explain that “reality has become a commodity.” And for a moment, until the Wikipedia uppity-ups put the kibosh on such shenanigans, such a change was made:

Posted by Seth on January 31, 2007 | Comments (2)