He is not missing it, he is addressing when it does not fit the situation and points out that this is one of those moments.
There's a sweetspot with weighing planning and doing.
There's a sweetspot with weighing planning and doing.
You don't know before you try. You don't even know if Lessig very well knew that the didn't have a big chance but just wanted to see if he could build political momentum behind is case.
Of course we can have opinions about what he did but ultimately those are not important. Even my opinions about those opinions are not important.
The only thing that is important is that some people try and whether they fail or succeed the fact that they do, despite the obviousness of the failure that we can sit and look at afterwards it's more important that someone does that than someone comment on it.
In the political game giving voice even to minority of the voters is an important part of the democratic proces. If not enough voter gets behind it they fail but at least they have the opportunity to try.
At least to me that was the gist of the quote and the reason for the quote.
Being able to claim that Lessig was obviously wrong for even trying has zero value.