84 St. John's L. Rev. 633 (2010)
Wikipedia in Court: When and How Citing Wikipedia and Other Consensus Websites is Appropriate

handle is hein.journals/stjohn84 and id is 637 raw text is: WIKIPEDIA IN COURT: WHEN AND HOW
CITING WIKIPEDIA AND OTHER
CONSENSUS WEBSITES IS APPROPRIATE
JASON C. MILLER' & HANNAH B. MuRRAYtt
I. INTRODUCTION
In Bourgeois v. Peters, resolution of the controversy required
a classic balancing of liberty and security.' In rejecting a claim
that the Department of Homeland Security's elevated threat
level justified more intrusive police procedures, the Eleventh
Circuit became one of the first courts to rely on the expertise of
Wikipedia.2 Wikipedia reported that the country had been at
yellow alert for almost three years, an amount of time, the
court reasoned, that weakened the government's claim that the
War on Terror necessitated extreme measures.3 Since then,
courts throughout the country have looked to Wikipedia for
geographic information,' to establish which days are business
days,5 to explain the meaning of common phrases,' to define
I Associate at Sherman & Howard L.L.C.; Law Clerk to the Honorable Deborah
L. Cook, United States Court of Appeals for the Sixth Circuit, 2009-2010; J.D., 2009,
University of Michigan Law School. The views expressed herein are those of the
authors alone. The authors would like to thank Professor Eugene Volokh and Laura
Davis for their helpful feedback on earlier drafts.
tt Law Clerk to the Honorable Richard F. Suhrheinrich, United States Court of
Appeals for the Sixth Circuit, 2010-2011; J.D., 2010, University of Michigan Law
School.
1 387 F.3d 1303, 1312 (11th Cir. 2004).
2 Id.
Id.
4 E.g. Reuland v. Hynes, 460 F.3d 409, 423 n.1 (2d Cir. 2006) (Winter, J.,
dissenting).
6 Aubin v. Residential Funding Co., 565 F. Supp. 2d 392, 397 (D. Conn. 2008).
6 E.g. United States v. Yazzen, 187 Fed. App'x 800, 802 n.1 (10th Cir. 2006)
(such as the elephant in the room).

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