6.2.2 TOO MUCH QUOTED LANGUAGE
Some writers are so enamored with the court’s language that they are loathe to paraphrase. Instead, they simply provide page after page of excerpted quotes and let the reader determine the significance of the quoted language.
“Overquoting” creates two problems. First, the writer is not doing his or her job. The writer is not supposed to provide the raw material to the readers and let them sort out what it all means. The writer’s job is to research the law, synthesize the available information, and write up the analysis in a way that allows the reader to understand the situation with a minimum of effort.The second problem is related to the first. A reader — a judge in this context — who is constantly asked to consume and digest lengthy quotations may lose the thread of the argument. As a practical matter, many readers (including some of the people reading this book) skip long quotations. Judges who are reading briefs may do so because they know that the quotation says nothing about the case currently before the court; instead, it talks about another case, which must somehow be connected to the current case. Writers who overuse long quotes frequently do so because they have not figured out that connection and thus cannot make the connection within the argument. They compensate by giving the reader background reading that may, with luck and some work, allow the reader to reach the conclusion that the writer espouses. Since the writer, rather than the reader, is supposed to do the work, it is usually ineffective to use lengthy quotations.
The following example is from a student-written brief written in the case of Chicago v. Morales, 527 U.S. 41 (1999). In that case, the city of Chicago argued in favor of the constitutionality of a statute that allowed the arrest of people who “loitered” with gang members and who refused to disperse on police order.
The writer of the following example apparently wanted the reader to use the quoted language to draw the conclusion that laws that promote “peace and quiet” are constitutional:
BAD EXAMPLE This Court has provided almost absolute protection to speech of a political nature. 
In 1969, the Court found the arrest of demonstrators for disorderly conduct3 to be unconstitutional 
under the First Amendment. & 
Gregory v. Chicago, 394 U.S. 111, 116 (1969). The Court made this finding in favor of political speech even though the picketers’ actions led to a disruption of the peace and quiet of a
neighborhood by picketing in front of the mayor’s home.
Id. at 111. A concurring opinion stressed the lawfulness and peacefulness of the demonstration as well as the petitioners’ First Amendment right to engage in that activity. Id. at 121 (Black, J., concurring). However, Justice Black also declared:
Issue
Disposition
Facts
Reasoning
Plainly, however, no mandate in our Constitution leaves States and governmental units powerless to pass laws to protect the public from the kind of boisterous and threatening conduct that disturbs the tranquility of spots selected by the people either for homes, wherein they can escape the hurly-burly of the outside business and political world, or for public and other buildings that require peace and quiet to carry out their functions, such as courts, libraries, schools, and hospitals.
Id. at 118 (Black, J., concurring). Therefore, even if loitering were treated as a fundamental right, Petitioner possesses a significant, legitimate interest in limiting criminal street gang members’ right to loiter for no purpose.
Readers who skipped the quote would have no way of knowing where the writer’s “therefore” came from. Even readers who read the quote would have to figure out for themselves the significance of the quoted language. If you are tempted to use a lengthy quotation, try one of two tactics to help ensure that your readers will understand your message.
The first and perhaps most obvious solution is to try to shorten the quote. Start by underlining the language that is most significant to your argument:
Plainly, however, no mandate in our Constitution leaves States and governmental units powerless to pass laws to protect the public from the kind of boisterous and threatening conduct that disturbs the tranquility of spots selected by the people either for homes, wherein they can escape the hurly-burly of the outside business and political world, or for public and other buildings that require peace and quiet to carry out their functions, such as courts, libraries, schools, and hospitals.
Then, quote only the underlined material (after removing the underlining), and incorporate a paraphrase of the rest of the quotation into your argument: 
GOOD EXAMPLE This Court has provided almost absolute protection to speech of a political nature. Gregory v. Chicago, 394 U.S. 111, 116 (1969). In Gregory, the Court found the arrest of demonstrators for disorderly conduct to be unconstitutional under the First Amendment.
Id. The Court made this finding in favor of political speech even though the picketers’ actions led to a disruption of the peace and quiet of a
neighborhood by picketing in front of the mayor’s home.
Id. at 111. A concurring opinion stressed the lawfulness and peacefulness of the demonstration as well as the petitioners’ First Amendment right to engage in that activity. Id. at 121 (Black, J., concurring). However, Justice Black also declared that “no mandate in our Constitution” prevents states from passing laws that protect the public from “threatening conduct” that “disturbs the tranquility” of homes or certain public buildings. Id. at 118 (Black, J., concurring). Therefore, even if loitering were treated as a fundamental right, Petitioner possesses a significant, legitimate interest in limiting criminal street gang members’ right to loiter for no purpose.
Issue
Disposition
Facts
Reasoning
In the alternative, you may determine that the lengthy quote is absolutely necessary for your argument. If this is the case, promote the effectiveness of the quotation by articulating the conclusions you want the reader to draw from it and putting those conclusions into the body of your argument.
I recommend using what I refer to as an NPR Introduction before the quotation.An NPR Introduction is an introduction that focuses the reader’s attention on the point the writer is using the quotation to prove or establish. I call it that because reporters on NPR and other broadcast outlets constantly introduce little snippets of interviews or public events. In much the same way, a long quote is a little snippet of an opinion or other legal document. Legal writers, unfortunately, often give readers unfocused introductions like, “The Court noted,” or, as in the previous illustration, “Justice Black also declared.” In contrast, newscasters almost never give introductions like, “The President said,” or “The Senator noted.” Instead, they give the audience some context and essentially tell them what to listen for when they hear the quoted language.
The illustration below is from a broadcast in which a reporter on Morning Edition on NPR excerpted pieces of interviews with people who design video games. The excerpt below focuses on how acceptable subject matter for video games has evolved over the years. Notice how the (italicized) language leading up to the quotation paraphrases the message of the quote to prepare the audience for what is to come:
GOOD EXAMPLE
LARCHUK: Lucas Pope designed the game “Papers, Please.” In this game, the player is a border guard working for a fictional communist country. The player is forced to make difficult choices about who can cross the border, all while making barely enough money to help his family survive. Pope says today’s developers have a broad definition of what a videogame can be.
LUCAS POPE: Like, my generation, or the people who make games now, they grew up with games their whole life. Probably the first generation that did that. So I think it’s really natural to like consider that you can have a game about anything.10
In the same way, you should prepare your audience for a long quotation by stating the conclusion you want the reader to draw from it: 
GOOD EXAMPLE However, Justice Black also pointed out that governments can prohibit certain behaviors in certain places to protect the public:
Plainly, however, no mandate in our Constitution leaves States and governmental units powerless to pass laws to protect the public from the kind of boisterous and threatening conduct that disturbs the tranquility of spots selected by the people either for homes, wherein they can escape the hurly-burly of the outside business and political world, or for public and other buildings that require peace and quiet to carry out their functions, such as courts, libraries, schools, and hospitals.
Id. at 118 (Black, J., concurring). Therefore, it is possible for municipalities to protect both the Constitution and the peace and quiet of their communities with appropriate legislation.
Use an NPR Introduction to help the reader to get the most out of lengthy quotations. The focused introduction will encourage the reader to read the quote by directing his or her attention and making it easier to understand the point of the quotation. Even if the reader does skip the quote, the writer has still articulated the point of the quotation in a place that increases the likelihood that the reader will see it and in a way that the reader can understand.