In My Own Words

It’s said that justice is blind. But justices can be blindsided, too.

Courtesy of: Sebastian Kim, for Time Magazine

Courtesy of: Sebastian Kim, for Time Magazine

Recently, Supreme Court Justice Ruth Bader Ginsburg promoted her new book, My Own Words in an interview with Katie Couric. Seeming not to have availed herself of media training before her book tour, Justice Ginsburg found herself giving an opinion on a topic with which she was unfamiliar. Famous for her outspokenness on the Court, the justice was asked to comment on several athletes’ refusal to stand for the national anthem at the beginning of their games. She acknowledged their right to protest, but added that they would only exercise that freedom “if they want to be stupid.”

An opinion heard round the world, more for its source than for its sentiment. Justice Ginsburg was one of Time Magazine’s ‘100 Most Influential People of 2015,’

Ms. Couric did exactly what an investigative journalist is meant to do: elicit answers to provocative questions. Being Ready for an interview means preparing answers ahead of time (Why I wrote My Own Words) (Some of my more controversial decisions have been …) (How the world and the court have changed since I went on the bench in 23 years ago in 1993) to smoothly address to questions.

After learning more about the athletes’ reasoning and intentions from a different bench, Justice Ginsburg swiftly apologized for her “harsh” comments. Because, even a Supreme Court Justice can sound unjust in the court of public opinion.

Pro-testing!

“What we’ve got here is failure to communicate,” became Paul Newman’s mantra in his 1967 movie, Cool Hand Luke.

Recently, popular San Francisco 49ers quarterback, Colin Kaepernick failed to communicate his reason for taking a knee vs. standing to observe the national anthem. Protesting police brutality of blacks is a justifiable cause by the football star who finally was quoted as saying “I’m not going to stand up to show pride in a flag for a country that oppresses black people and people of color.”

colin-kneeling

Photo courtesy of: USA Today

But Mr. Kaepernick failed to announce his stand (or in this case, not standing) beforehand, perhaps in a press conference or media interview and, therefore, his protest was totally misunderstood.

Notably, during the 28th annual salute to the military hosted at Qualcomm Stadium in San Diego, retired Navy Seals parachuted into the stadium to present a giant American flag to a crowd filled with former and current military. But Mr. Kaepernick continued to not stand. An angry fan described the action as, “extremely disrespectful,” and even argued that the quarterback “shouldn’t be playing football if he can’t stand up for his country and support the men and women who put their lives on the line.” Additionally, Mr. Kaepernick’s retaliation against police brutality exists within city justice systems, and does not extend to the military on a national level.

Other athletes have used their position of fame and influence to speak out against these same issues. NBA superstars LeBron James, Dwyane Wade, Carmelo Anthony, and Chris Paul used presentation skills of poise, humility and persuasiveness to stand together at the opening of the 2016 ESPY Awards and verbally deliver a call to action.

“Kap” hasn’t had the media training that savvier pro-testers have … to know how to use the media as a communications tool. It’s all part of learning the media game and how to play it!