It’s a regular occurrence that someone will hop on their soap box and proclaim how the target of their self-righteous, absolutist angst is clearly, obviously, certainly wrong.  Orin Kerr  has kindly prepared a statement for you with regard to Judge Vaughn Walker’s Prop 8 decision for your convenience.

FOLLOW THE CONSTITUTION

Judge Walker’s decision on same-sex marriage is a reminder of the proper role of judges in our society. Above all else, judges should follow the Constitution. For that reason, Judge Walker’s decision should be [condemned/celebrated].

Judge Walker showed from the outset of the Prop 8 case that he had one priority: To [subvert/follow] the Rule of Law. His efforts to televise the trial, later overturned by the Supreme Court, show his true intent. Judge Walker wanted to televise the Prop 8 litigation to make sure it would be a [show trial/teaching moment] for the advocates of same-sex marriage. Although the Supreme Court did overturn his decision, Judge Walker pressed on. He never backed down. It is hard to believe that he is a Bush appointee — but this is San Francisco, after all.

Now the case heads to the Ninth Circuit Court of Appeals. The Ninth Circuit is a famously [lawless/independent] circuit. The next stop is the Supreme Court, which will probably divide 5–4 in this case. The swing vote is Justice Kennedy. Although his vote is often unpredictable, Justice Kennedy has tended to vote with the Supreme Court’s [activist/moderate] wing in cases related to homosexuality. We hope that Justice Kennedy rejects [liberal elite opinion/bigotry], follows the Constitution, and [upholds/rejects] Prop 8.

Public opinion about same-sex marriage is changing. The Supreme Court should recognize this and [step aside/ speed it along]. The choice is clear: It a choice between following the true Constitution and caving in to public pressures and opinion. We urge the Supreme Court to show the courage to follow the Constitution just as the Framers intended.

While Orin’s purpose in crafting this generic statement is to demonstrate the vapidity of the simplistic arguments of opposing sides in a debate, by those who see things with absolute clarity, but for the fact that their vision is equally applicable to the opposite view, it dovetails well with a very serious concern of mine, the proliferation of stupidity in the blawgosphere, and its enablement by those who should know better.

Like most of you, I read a number of blogs every day.  Some are written by people I think are very smart.  Some, not so smart.  Some, dumb as dirt.  I expect the dumb as dirt bloggers to be what they are.  I do not, however, expect the smart bloggers to put out stupid posts promoting half-baked, or worse, ideas.  I do not expect the smart bloggers to promote the dumb as dirt bloggers.  I certainly don’t expect the smart bloggers to promote the liars and schemers who abuse the blogosphere for their self-promotion.

Yet this is what I’m increasingly seeing, and I can’t stand it.  This was once a place where thoughtfulness prevailed, and imbeciles were unceremoniously ripped to shreds.  I know, the Happysphere thinks that’s just awful, and even imbeciles should be allowed to post unmolested, but that’s simply asinine.  As lawyers, we have an obligation to educate with integrity.  This not only obliges each of us to post accurately, but to correct those who post crap as part of their marketing scheme.  That means that the crap-posters don’t get to feel good about themselves that day.  In a perfect world, they feel badly enough to go away.  The blogosphere is far from perfect.

Most of my morning was spent pondering this dilemma.  And as I pondered, new posts appeared on my RSS feed that were pathologically bad, wrong or stupid.  I take no pleasure from criticizing other people’s posts, even though those suffering from paranoid delusions believe that’s what this mean-spirited old man is all about.  Rather, I fear that some poor, ignorant schmuck is going to read some bit of stupidity and, enjoying the benefit of confirmation bias, act upon it.  How many dead bodies is the blogosphere allowed to leave behind in its wake before anybody wakes up and calls the idiots out?

There are a handful of serious criminal defense lawyers around in a place called the blawgosphere.  There are many who don’t get to use the word “blawgosphere” to describe where they write.  They don’t write about law, or at least law as any competent lawyer would recognize it.  They write puff, pandering nonsense, self-promotional tripe.  Even some of the smart ones link to the dumb as dirt ones to be part of the gang, make friends and join in the mutual admiration society.

The blogosphere is turning to crap.  I’m disgusted.  To all those who are party to this, whether because they post the crap or enable others to post crap, you’re to blame. 

I’ve been told that other bloggers fear me, knowing that I’m one of the few who will name names and criticize those who post crap.  “Why can’t you just live and let live,” I’m asked?  Because you have taken the blawgosphere and turned it into a dump, a cesspool, a place of worthless garbage thought.  Because you lie about yourself, your practice, your experience, your knowledge, to scam a buck out of someone.  Because you demean us all.

I considered writing this morning about the crap posts of the day.  Maybe even a daily feature of the ten stupidest blog posts.  But that’s not why I write, nor where I want my blawg to be going forward. My purpose isn’t to be the sheriff of the blawgosphere, and no one elected me to the position in any event.  And then there’s the problem of how I would limit it to a mere ten. 

Rather than go on the attack today, I’m going to ask a favor of the handful of blawgs by serious criminal defense lawyers that post thoughtfully about the law. Stop enabling the idiots, the self-promoters, the liars and the panderers.  Let them fade into the obscurity they deserve until they disappear.  Anything else and we’re contributing to their scheme. 

And when someone writes something particularly stupid,* it might warrant a critical post. 

* It will be interesting to see which of the dozen or so bloggers who suffer from paranoid delusions think that I’m secretly writing about them today.  I’ll find out when they send me another of their threatening or psychotic emails, telling me how I’m obsessed with them.