Having spun much of the press on the claim that part of the Patriot Act was struck down in court the other day, the ACLU is now furious that Orin Kerr at volokh.com has managed mostly to un-spin it. Look carefully at the press release, and you’ll see that the ACLU doesn’t really even try to maintain that the court struck down any legal change that was made by the Patriot Act. Now this is, as Kerr noted in his first post on the media misrepresentation of the case, a side-issue: Whether the court made the right decision is more important than what relation that decision had to the Patriot Act. But the ACLU seems to think that it’s politically important to make people think that Patriot has taken a hit, and it just hasn’t.