Issues Under Fire: Sexual Harassment & The Court of Public Opinion
After reviewing and digesting a mountain of notes for today's podcast and post, we should be updating you on Saudi Arabia's proxy war with Iran. That story is huge. We should've exploited the tale of former Trump National Security Advisor Michael Flynn and his $15 million scheme to kidnap a cleric protected by the United States and hand him over to the Turkish government to answer charges of a coup attempt. Now that's Hollywood movie material. Or, we could've used our storytelling skills to explore why Donald Trump is afraid of Vladimir Putin. That's a mystery even U.S intelligence can't solve. But as fate would have it, we found something more interesting than all those issues. And we found it in the court of public opinion.
Since the Harvey Weinstein revelations, there has been a flood of accusers calling out famous and not so famous men for sexual misconduct and worse. Many of the allegations have been horrendous accounts of unwanted sexual advances, like inappropriate touching, lewd acts of masturbation and even charges of pedophilia involving boys and girls. By anyone's measure, this is ugly stuff. This is human behavior at its very worst. Or, so we thought. Upon closer analysis of how America's court of public opinion seems to accept an accusation as proof of guilt, in today's environment, the accused now has the burden of proving his/her innocence. If taken to the extreme, mob justice could become the norm.
Without presenting a shred of evidence beyond the word of the accuser, the accused can have his career ended, face huge legal expenses, the loss of his freedom as well as the life long stigma of being a sexual predator. Please understand, we agree 100% these social sanctions befit creeps who perpetrate these types of crimes. It's just that since the advent of social media, the court of public opinion can render a verdict without even considering anything but its own opinion. Judges, juries and defense counsel could be concepts of the past. The only thing left standing is the prosecution and the public has assumed that role. If you still can't envision the dangers, we'll try to explain.
Suppose someone accuses you of committing a crime years ago. What if they alleged you stole a car, sold dope, committed an act of violence, or were involved in an armed robbery? What if your son was accused of rape? Would you call a cop or call an attorney? What if you're a woman and someone accused you of being a hooker in your younger years or being a shoplifter, a drug addict or had a drinking problem? What if these accusations from years gone by could get you fired from your job or keep you from getting another one? What would you do to defend yourself, when denials are no longer an option? Does anyone even remember or care how due process works? If not, we should.
Consider the Magna Carta: In clause 39 of Magna Carta, issued in 1215, John of England promised: "No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land". In other words, you can't just get a rope and string some bastard up because the public is outraged and calling for it. There is a process that must be followed. Otherwise, the mob rules. And that's what social media, as well as the mainstream media, has become of late. A mob seeking immediate gratification.
Bottom line: In the heat of anger, disgust and decades of pent up pain and anguish, it's understandable people are thirsting for justice, payback and a chance to finally confront and hold these creeps accountable for their despicable actions. But it's not understandable to rush to judgement, jump to conclusions or disregard the notion of everyone is deserving of a fair trial/hearing no matter how vile and repulsive the charges are against them. While the court of public opinion is expedient and satisfying because the outcomes are predictable and immediate, it must be remembered, the court of public opinion is Kangaroo Justice and that's inherently dangerous.
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