Outrage to the Outrage in Response to the Outrage Machine

You might have heard about the Florida lawyer who opposed a pregnant attorney’s request for a continuance. Here’s the story: A defense attorney, Christen Luikart, sought a trial continuance because (or at least in part because) she is pregnant, and her due date might conflict with the trial. The plaintiff’s attorney, Paul Reid, opposed the motion. The judge held a hearing on June 4; she granted the continuance. The end.

Well, of course, that’s not really the end. Last week–a month and a half after the hearing–The American Lawyer wrote a story about the request and opposition. Above the Law followed suit with a story headlined “Biglaw Partner Accuses Small-Firm Litigator Of Using Pregnancy To Delay Trial.” Similarly, the American Lawyer story claimed Mr. Reid “suggest[ed] [Ms. Luikart] became pregnant as a ploy to delay the litigation.” A day after the story broke, Mr. Reid had been suspended by his law firm.

But that wasn’t the end either. Then came the “backlash to the backlash.” Professor David Bernstein wrote a post over at the Volokh Conspiracy entitled “The Outrage Machine Claims a Victim: A Play in Seven Acts.” The implication of Prof. Bernstein’s post is clear: Mr. Reid didn’t really do anything to warrant a suspension. But a mob of SJWs overreacted to a mundane filing, Mr. Reid’s law firm caved to the hysteria, and now a man who really didn’t do anything wrong has become the victim of “a click-bait-driven outrage cycle.”

Maybe. Continue reading

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