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Rule 11 forbids attorneys from arguing in a misleading manner. Clearly, this federal circuit thinks that "quote mining" is a reprehensible act contrary to intellectual and academic rigor. There is ''indeed'' something objectionable about the practice, and the term "quote mining" ought not "apply to nearly every legal proceeding and political campaign."
Rule 11 forbids attorneys from arguing in a misleading manner. Clearly, this federal circuit thinks that "quote mining" is a reprehensible act contrary to intellectual and academic rigor. There is ''indeed'' something objectionable about the practice, and the term "quote mining" ought not "apply to nearly every legal proceeding and political campaign."
==Quote mining and the creation-evolution controversy==
Scientists and their supporters used the term ''quote mining'' as early as the mid-1990s in newsgroup posts to describe quoting practices of certain [[creationists]].<ref>[http://www.talkorigins.org/faqs/quotes/mine/project.html The Quote Mine Project], John Pieret (ed), [[TalkOrigins Archive]]</ref><ref>[http://www.talkorigins.org/faqs/ce/3/part5.html The Revised Quote Book], E.T. Babinski (ed), ''TalkOrigins Archive</ref><ref name=qmproject>According to the [http://www.talkorigins.org/faqs/quotes/mine/project.html Quote Mine Project] at ''TalkOrigins Archive'', the first record of the term in [[talk.origins]] was a posting by Lenny Flank on March 30, 1997, with a February 2, 1996 reference in another [[Usenet]] group, rec.arts.comics.misc</ref> It is used by members of the [[scientific community]] to describe a method employed by creationists to support their arguments,<ref name="forrest">{{cite book | last = Forrest | first = Barbara | authorlink = Barbara Forrest | coauthors = [[Paul R. Gross]] | title = Creationism's Trojan Horse: The Wedge of Intelligent Design | url = http://www.creationismstrojanhorse.com/ | accessdate = 2007-03-09 | year = 2004 | publisher = [[Oxford University Press]] | location = Oxford | page = 7| isbn = 0195157427 | quote =In the face of the extraordinary and often highly practical twentieth-century progress of the life sciences under the unifying concepts of evolution, [creationist] "science" consists of quote-mining — minute searching of the biological literature — including outdated literature — for minor slips and inconsistencies and for polemically promising examples of internal arguments. These internal disagreements, fundamental to the working of all natural science, are then presented dramatically to lay audiences as evidence of the fraudulence and impending collapse of "Darwinism." }}</ref><ref name=counter>"The Counter-creationism Handbook",
Mark Isaak, ISBN 0520249267 p 14</ref><ref>[http://www.ncseweb.org/resources/rncse_content/vol22/2089_quotemining_comes_to_ohio_12_30_1899.asp Quote-Mining Comes to Ohio], [[Glenn Branch]]</ref> though it can be and often is used outside of the [[creation-evolution controversy]]. Complaints about the practice predate known use of the term: [[Theodosius Dobzhansky]] wrote in his famous 1973 essay "[[Nothing in Biology Makes Sense Except in the Light of Evolution]]" that {{quotation|Their [Creationists'] favorite sport is stringing together quotations, carefully and sometimes expertly taken out of context, to show that nothing is really established or agreed upon among evolutionists. Some of my colleagues and myself have been amused and amazed to read ourselves quoted in a way showing that we are really antievolutionists under the skin.}}
The [[Institute for Creation Research]] (ICR) described the use of "[a]n evolutionist's quote mistakenly used out of context" to "negate the entirety of [an] article and creationist claims regarding the lack of transitional forms" as "a smoke screen".<ref>[http://www.icr.org/article/1202/ Does Convincing Evidence For Evolution Exist?]</ref>
Both [[Answers in Genesis]] (AiG) and [[Henry M. Morris]] (founder of ICR) have been accused of producing books of mined quotes. ''[[TalkOrigins Archive]]'' (TOA) states that "entire books of these quotes have been published" and lists prominent creationist [[Henry M. Morris]]' ''That Their Words May Be Used Against Them'' and ''The Revised Quote Book'' (published by Creation Science Foundation, now AiG, and available from the AiG website)<ref>[http://www.answersingenesis.org/TheWord/downloads/aig_resources.asp The Word Downloads], [[Answers in Genesis]]</ref> as examples, in addition to a number of online creationist lists of quote-mines.<ref>[http://www.talkorigins.org/faqs/quotes/mine/project.html The Quote Mine Project], John Pieret (ed), ''TalkOrigins Archive''</ref> Both AiG and ICR quote mine [[Stephen Jay Gould]] on intermediate forms.<ref name=gouldmine/>
===Stephen Jay Gould on intermediate forms===
{{quotation|The fossil record with its abrupt transitions offers no support for gradual change. All paleontologists know that the fossil record contains precious little in the way of intermediate forms; transitions between major groups are characteristically abrupt|[[Stephen Jay Gould]]<ref name=quote42>[[Stephen Jay Gould]], The Panda's Thumb, 1980, p. 189, cited as [http://www.talkorigins.org/faqs/quotes/mine/part1-3.html#quote41 Quote 41], ''The Quote Mine Project'', ''TalkOrigins Archive''</ref><ref name=gouldmine>[[Stephen Jay Gould]], The Panda's Thumb, 1980, p. 189 — quoted in:
*[http://www.evolutionnews.org/2005/10/backer_of_theory_never_contradicted_self.html Backer of Theory Never Contradicted Self, Truth Shows], [[Casey Luskin]], ''Evolution News & View'', [[Discovery Institute]]
*[http://www.evolutionnews.org/2006/06/new_england_journal_of_medicin_1.html New England Journal of Medicine Traipses Into the ''Kitzmiller'' Decision (Part III)], [[Casey Luskin]], ''Evolution News & View'', Discovery Institute
*[http://www.genesispark.com/genpark/gaps/gaps.htm Large Gaps in Creation], Genesis Park
*''The Creation Hypothesis'', [[James Porter Moreland]], p 278
*[http://ankerberg.com/Articles/_PDFArchives/science/SC3W0100.pdf False Assumption 4—Part One], John Ankerberg and John Weldon, p2
*[http://www.icr.org/article/216/ Creating the Missing Link: A Tale About a Whale], [[Duane Gish]], [[Institute for Creation Research]]
*[http://www.answersingenesis.org/home/area/cfol/ch3-vertebrates.asp Vertebrates: animals with backbones], Gary Parker, [[Answers in Genesis]]
*[http://www.apologeticspress.org/articles/2094 Creationists Fight Back! A Review of ''U.S. News & World Report''], Brad Harrub and Bert Thompson, Apologetics Press</ref>}}
The context that immediately follows demonstrates that this view is articulated only in order to reject it:
"Although I reject this argument (for reasons discussed in ["The Episodic Nature of Evolutionary Change"]), let us grant the traditional escape and ask a different question."
Gould was scathing on such misleading quotations:
"Since we proposed punctuated equilibria to explain trends, it is infuriating to be quoted again and again by creationists -- whether through design or stupidity, I do not know -- as admitting that the fossil record includes no transitional forms. The punctuations occur at the level of species; directional trends (on the staircase model) are rife at the higher level of transitions within major groups."
==="Absurd in the highest degree"===
Since the mid-1990s, scientists and their supporters have used the term ''quote mining'' to describe versions of this practice as used by certain [[creationists]] in the [[creation-evolution controversy]].<ref>[http://www.talkorigins.org/faqs/quotes/mine/project.html The Quote Mine Project], John Pieret (ed), [[TalkOrigins Archive]]</ref> An example found in debates over [[evolution]] is an out-of-context quotation of [[Charles Darwin]] in his [[Origin of Species]]:
"To suppose that the eye with all its inimitable contrivances for adjusting the focus to different distances, for admitting different amounts of light, and for the correction of spherical and chromatic aberration, could have been formed by natural selection, seems, I freely confess, absurd in the highest degree."
This sentence, sometimes truncated to the phrase "absurd in the highest degree", is often presented as part of an assertion that Darwin himself perceived his own theory of evolution as absurd.
However, Darwin went on to explain that the apparent absurdity of the evolution of an eye is no bar to its occurrence.
The quote in context is
"To suppose that the eye with all its inimitable contrivances for adjusting the focus to different distances, for admitting different amounts of light, and for the correction of spherical and chromatic aberration, could have been formed by natural selection, seems, I freely confess, absurd in the highest degree.
Yet reason tells me, that if numerous gradations from a perfect and complex eye to one very imperfect and simple, each grade being useful to its possessor, can be shown to exist; if further, the eye does vary ever so slightly, and the variations be inherited, which is certainly the case; and if any variation or modification in the organ be ever useful to an animal under changing conditions of life, then the difficulty of believing that a perfect and complex eye could be formed by natural selection, though insuperable by our imagination, can hardly be considered real."
==References==
==References==