Friday, October 24, 2008

Seriously? Wikipedia in Court Cases?

Well, huh.

Feminocracy points out this post at Feminist Law Professors about an article (yes, it's a long chain of referrals) exploring the extent to which Wikipedia has been cited in U.S. court cases.

According to the abstract (full text is not available), as of last month, Wikipedia had been cited nearly 300 times. The abstract further explains:

Courts cite Wikipedia for a wide range of purposes. Some citations are merely mundane references to everyday facts well known by the general public. In other opinions Wikipedia is cited as a basis for the court's reasoning or to support a conclusion about an adjudicative fact at issue in the case. In a notable recent case, Badasa, v. Mukasey, 2008 WL 3981817 (8th. Cir. 2008), The Eighth Circuit remanded a Board of Immigration Appeals decision because it upheld a lower court's finding based on information obtained from Wikipedia.

Now where I work our official position is that Wikipedia is not an irredeemable tool of the devil, but it's also not your go-to source for stuff that really matters. 

You know: look at Wikipedia, but if it's really important (as perhaps might be true when using information "as a basis for the court's reasoning or to support a conclusion about an adjudicative fact at issue in the case"), double-check with another source. 

One that has identifiable authors, and can't be edited at a whim by random passers-by.

I'm no legal scholar, so it may be that this is perfectly reasonable in some way that's not evident to me, but I have to say, I find it at least interesting that this particular resource (which certainly has clear strengths as well as weaknesses), is considered to be so reliable.

Maybe we've misjudged poor Wikipedia.

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