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Indiana Judges Association: Judges need to take control of cultural standing

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ija-dreyerInternet meme (pron.: / ’mi:m/MEEM): a concept that spreads from person to person via the Internet. Meme was coined by Richard Dawkins in his 1976 book “The Selfish Gene,” as an attempt to explain the way cultural information spreads; Internet memes are a subset of this, specific to the culture and environment of the Internet.

Have you ever Googled “lawyer dog”? If you do, be prepared to see a limitless line of websites all featuring identical photos of the same canine seated behind his desk, along with various one-liners related to the law, dogs and just silliness. (“The judge is a man? We’re golden. I’m man’s best friend.”) Such phenomena are presumably what people mean when they mention the word “meme.” Although it was originally invented as a pseudo-academic name for social symbols, words or ideas that emerge and represent part of a culture (like the peace sign), it has apparently been appropriated by humans’ computer habits. Some thinkers now believe the Internet is the only way that memes, or any cultural activity, are invented, perceived or have any impact on people. On the other hand, many avid Internet activists today use “meme” to merely describe anything that is currently popular on the Web. Some consider memes as just updated versions of stereotypes, only spreading much quicker. But here’s the problem: What if the meme becomes the message, that is, becomes so ubiquitous that it gets stuck in everybody’s mind – whether we like it or not – or whether it deserves to be?

Sometimes meme activity just happens in speech and practice, like using “Google” as a verb. Commentators sometimes use “meme” to characterize broad popular images, like a quarterback dating a cheerleader or a judge who is male with gray hair. More commonly, running Internet jokes, forwarded photos, satirical YouTube videos, open-ended questions and posted answers, etc., all creep into some part of our public observation and thinking. Hence, “lawyer dog” and the like. When this happens, no one yet knows the result. The Economist, a leading international journal, recently featured studies implying memes not only affect individual behavior, they shape entire societies.

Lawyers and judges are prominent meme creators. In fact, the language of law itself is perhaps the ultimate meme:

“All men are created equal.” But not all memes are created equal.

“Life, liberty and the pursuit of happiness.” Couldn’t they have added “regular vacations” as well?

“Right to remain silent.” If only more lawyers would take advantage of this.

“I cannot recall at this point in time.” 1970s Watergate lawyers developed this perjury-avoidant answer for clients testifying to Congress. It is still heard by judges every day.

“I know it when I see it.” Yogi Berra could not have said it any better.

The non-lawyer world unfortunately has found its own legal memes, and they are not as entertaining as “lawyer dog” sites. In fact, they should serve to alarm us, especially considering the instant power of memes. Pondscumandlawyers.com is a fairly typical example. It routinely ridicules lawyers with a different joke each day. The website is not necessarily popular, but its method is pervasive. The basic lawyer meme is anything that shows lawyers as rude, greedy, arrogant or just plain dishonest. This means that lawyers and judges are culturally misperceived. For lawyers, this may not be such a serious issue because clients and fees will come as long as there are people with problems. But the world depends upon public confidence in judges – and judges can do little to control the meme effect of the Internet.

The good and bad news is that Internet memes can be created and spread by anyone. So why shouldn’t we judges create memes to control our cultural standing? For example, why not post a succinct video of a judge talking about his or her job? It should promote a meme-like slogan, like “We’re judges, but we’re not judgmental.” Maybe we can spread the stories of judges who have given their lives in Mexico and Eastern Europe, in the name of justice, by finding an image of one grieving relative and asking for public comment? Perhaps we try to start a popular legal blog and forum where real judges answer questions about the system, what it’s like to be a judge, etc. As far-fetched as it can appear to those of us who were trained by actual books, the world today learns as much from Internet memes as anything else. Whether we like it or not, we judges risk peril if we avoid these realities.

All in all, law will not be decided by the Internet – at least not yet. So judges and lawyers will still have to think, write and argue just as before. Memes are part of our cultural experience and can form the basis of contemporary thinking. But law is more than contemporary culture. Judges may have to proactively market an accurate image to the public, but memes will never take the place of a fact well-proven or a judgment well-reasoned.•

__________

Judge David J. Dreyer has been a judge for the Marion Superior Court since 1997. He is a graduate of the University of Notre Dame and Notre Dame Law School. He is a former board member of the Indiana Judges Association. The opinions expressed are those of the author.
 

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  • Point Smith
    I concede, point to JS this round!
  • Less marketing more truth
    No lawyers are not the source of political correctness movement. Who is? I don't know for sure, but here is what William Lind says http://www.academia.org/the-origins-of-political-correctness/ As for who is the source of greed, the hallmark vice of lawyers, is it not our fallen nature? And the lawyers & politicians that founded this republic and disseminated such memes as "all men created equal" etc. down the decades right on up today, were not so much lawyers as plutocrats, marketing strategic wars for dominion in order to enlist the gullible colonials as cannon fodder. Maybe we need less memes and marketing and clever stuff like that and more plain simple Truth & Justice. As for who first told me there was no such thing as truth I recall that was a professor. Back to Bill Lind...
    • Caution, your honor, assumptions can make ...
      "The basic lawyer meme is anything that shows lawyers as rude, greedy, arrogant or just plain dishonest. This means that lawyers and judges are culturally misperceived." ASSUMPTION: That most lawyers and judges are just as reported. It that justified? What has the rise of the legal class since WWII done good for America? Has not our profession brought much of the modernist ills in governance, and is not most government corruption, financial or ideological (i.e. PC movement) not the fault of attorneys, by and large? Here is what Old Slewfoot has to say about that, and he is quite the expert witness: http://www.youtube.com/watch?v=z6bC9w9cH-M

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      1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

      2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

      3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

      4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

      5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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