{"id":414,"date":"2014-11-06T11:37:37","date_gmt":"2014-11-06T11:37:37","guid":{"rendered":"http:\/\/ojen.turnbull.co\/?p=414"},"modified":"2018-01-24T16:45:37","modified_gmt":"2018-01-24T21:45:37","slug":"misinformation-and-ple-what-to-say-when-someone-is-wrong-about-the-law","status":"publish","type":"post","link":"https:\/\/ojen2024.turnbull.co\/en\/misinformation-and-ple-what-to-say-when-someone-is-wrong-about-the-law","title":{"rendered":"Misinformation and PLE: What to say when someone is wrong about the law"},"content":{"rendered":"

When you start looking at the world through the eyes of a public legal educator, you start to see misinformation and misunderstanding everywhere.\u00a0 Sometimes you\u2019re out running a PLE program and a participant starts talking about a legal issue where they have the basic facts of the law completely wrong.\u00a0 Sometimes you\u2019re browsing your Facebook feed when a friend from your town posts an article with legal advice that only applies to people in Alabama.\u00a0 It\u2019s tricky; you want to encourage people to engage with the law, but you also feel a responsibility not to let misunderstandings spread.<\/p>\n

So what\u2019s a PLE advocate to do?<\/p>\n

Well, first of all, you should think about the good things that are happening:\u00a0 you have someone who\u2019s interested in law, who probably feels strongly about it, and who wants to help educate or spread the word to other people in their life.\u00a0 Those are impulses you don\u2019t want to snuff out!<\/p>\n

For most people, law is an inaccessible and confusing world.\u00a0 Even though it\u2019s fundamental to understanding our society, most people don\u2019t ever get much good PLE.\u00a0 The vast majority of us are stuck cobbling together an understanding of the law from odds and ends news reports, TV series (most of them American or maybe British), and the experiences of friends.\u00a0 Of course there are misunderstandings about law! Who could possibly put together a nuanced and accurate picture, from those piecemeal sources?<\/p>\n

Remember that as a member of the justice sector or legal education field, your voice carries a lot of weight and social prestige when you speak about these issues.\u00a0 Law is viewed as an elite field, and most people find legal experts kind of intimidating.\u00a0 It\u2019s easy to make people feel shut down without really meaning to.<\/p>\n

So tread lightly when you correct them \u2013 but do, absolutely, correct them.\u00a0 Here is my highly recommended, tried-and-true formula for handling misinformed comments in a responsible way:<\/p>\n

    \n
  1. Begin by saying something that will make sure the person doesn\u2019t feel stupid or embarrassed.<\/li>\n
  2. Don\u2019t focus on where they\u2019re wrong, but instead offer a short, accurate summary of the topic.<\/li>\n
  3. Use plain language \u2013 avoid legal jargon or if you need to use it, at least explain your terms. This ensures people don\u2019t feel steamrolled or like you\u2019re \u201cpulling rank\u201d on them.<\/li>\n
  4. Close with something that moves the conversation forward, rather than shutting it down.\u00a0 You could tell them something you find interesting about the topic, or an interesting policy or social science-based reason why the law is the way it is, or tell them about a related resource or article they should check out, or maybe even some public advocacy or organizing going on around the issue.<\/li>\n<\/ol>\n

    Put it all together, and what have you got? Let\u2019s look at an example.<\/p>\n

    Imagine you\u2019re doing a PLE session about criminal law in a high school classroom, discussing what happens when someone gets arrested, and a student puts up their hand and says, \u201cYeah but they also have to read you your Miranda rights.\u00a0 You have the right to remain silent\u2026,\u201d and a bunch of students begin reciting together, \u201cAnything you say or do can and will be used against you in a court of law. You have the right to an attorney\u2026\u201d<\/p>\n

    But you know the Miranda process is an American thing.\u00a0 Here are some ways you could respond, based on the formula above:<\/p>\n