I used to be a staffer who prepared graphics for high level government presentations. I was hired because I knew what I was doing, and I'd have been fired if I made a mistake like this. Let me correct that -- I'd have been fired, my boss would have been fired, and the company for which I worked would have lost a multi-million dollar contract which would in turn place scores of other peoples continued employment in jeopardy.
To write this off as just some staffer's oversight displays a certain ignorance about how important presentations come together, how they're vetted, and the competency of people involved in creating those presentations.
Not all rights are enumerated in the Constitution. The Nineth Amendment to the US Constitution is:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The judge is mistaken and perhaps incompetent.
/* Halley */ (Halley's comment.)