What About Podcasts? What About Media Consultations? (Jr. Law Prawfs FAQ)

We already covered Twitter and blogging this week, so I thought I'd finish the week with two somewhat related questions: First, what should we make of this emerging trend among law reviews to do podcasts concerning scholarship they publish and other legal issues? And, second, how do media consultations fit into the scholarly agenda, especially pretenure?

When the law journal board here turned over last month, one of the questions they had for me was whether they should start a podcast series on the articles they publish. I was caught off guard as I apparently hadn't been following this development. The editors noted that there is a fair amount of buzz about podcasts among law review editors nationwide. Sure enough, a quick google search reveals that law reviews at American, Harvard, LSU, McGill, Northwestern, UCLA, Yale -- to name a few -- have implemented some version of a video or audio podcast.

I confess I haven't given too much thought to the value of podcasts in the scholarly dialogue. To be sure, I have participated in, and have very much enjoyed, teleforums sponsored by the ABA AdLaw Section or the Federalist Society (which I'm told are then turned into podcasts). I'm not sure, however, those are the same thing as law review-sponsored podcasts. I'm skeptical about the enduring value of this law-review innovation, but then I also was skeptical when Apple launched something called the iPad. If others in the PrawfsBlawg community have experimented with law review-sponsored podcasts, I'd love to hear about those experiences in the comments.

So what about media consultations? Our law school's communications team does a great job of directing reporters my way when they have questions related my research and teaching interests. I seldom turn these opportunities down (when they concern topics within my areas of expertise) -- whether that's local TV news, print or online news outlets, or radio appearances. Sometimes these media consultations are fun -- especially the sit-down NPR-styled interviews -- but most of the time I'm just nervous which soundbite or two the reporter is going to use from a ten-minute conversation.

Although I seldom turn these opportunities down, that's not because I think media consultations help me become a voice in my field or otherwise build my scholarly profile. So I think we're straying from the purpose I originally articulated for this Jr. Law Prawfs FAQ series, but would welcome disagreement on that front. Instead, I view media consultation primarily as a means of service to the law school and university (and hopefully the public). At times I also see those activities get incorporated into the classroom if students come across the TV news segment, article, or radio show. 

While we're on the topic of media consultations, I wish I had received more training on how law professors should interact with the media. I've had a number of awkward interactions with reporters since arriving at the law school. The worst, I think, is when I commented at length on a case, and the reporter decided to make the article about me instead of the case with a clickbait headline of "Justice Kennedy's Former Clerk Thinks..." -- not my finest hour. A few tips, based mainly on lessons I've learned the hard way, immediately come to mind:

(1) Reporters Aren't Your Friends: Reporters are really great at getting people to open up by expressing interest in your opinions, but they often have the story already written and are just looking for the quote they want from you. So they will keep you talking until they get that quote, even if it really isn't your main point (or really your position at all). You have to reframe questions, resist narratives, and make clear your positions.

(2) Know the Difference Between On the Record, Off the Record, and On Background: Here is a quick description. Unless I've dealt with the reporter before, I tend to ask that everything is on background until I get a better sense of where the interview is going and then we can decide what is on the record/attributable to me.

(3) You Don't Have To Answer Questions: Especially as a more junior scholar, it's important to stay within one's comfort zone and area of expertise. If reporters ask me to talk about legal or policy areas where I'm less familiar, I either just say I lack the expertise to weigh in and refer them to a colleague. Or I'll explain that I don't feel I have the sufficient expertise to go on the record or background, but that I'd be happy to talk through the issues off the record.

(4) Email Interviews: I've become a bigger fan these days of responding to emails with my take on a case, regulatory development, etc. I then don't have to worry about what could potentially be included in the story or whether my quote is accurate. One related best practice our communication team utilizes is to get a one-paragraph take from the relevant faculty expert to send out to the law school's media contacts. Sometimes the reporters just pull a quote from that release, or they follow up with additional questions but know in advance where the faculty expert is coming from on the issue.

These are just four observations that come immediately to mind. A google search of "tips for talking with reporters" would no doubt produce many more. Definitely share your wisdom and experiences, as I'm guessing I'm not alone in feeling less than fully competent in dealing with the media.

 

@chris_j_walker