MB and Presumption of Innocence - "Trial By Media"

=== They Had "Trials" Before Lynchings In Alabama, You Know ===

A person who pays lip service to "55 mph," but who drives his Countach at 140 mph, has more than just a problem with the traffic courts.  He's got an attitude problem.  That problem being:  he doesn't care whether he kills somebody.

A person who pays lip service to "Innocent Till Proven Guilty," but who wants a man accused of harrassment to prove he didn't do it to the Boeing review committee, has an attitude problem also.  He's a frustrated fascist.  I mean that literally, not pejoratively.

.................

Trials by media occur when we deeply, fundamentally disagree with the concept of Innocent Until Proven Guilty.

This little community that we call The United States has done a Hall of Fame job of locking out the Stalinists.  Over 200 years ago, some guys in 1970's-style White Stockings set up some rules designed to prevent Joseph Stalin from ever occurring here -- or at least to prevent Stalin from occurring, for as long as possible.

Since the courts aren't going to punish a man who might be innocent, we find other ways.

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=== Roscoe Arbuckle ===

In 1921, the silent-film star Roscoe Arbuckle threw a party, at which an attendee, Virginia Rappe, died.  Arbuckle was accused of rape and manslaughter.

This being America, Arbuckle was not hauled out of his bed by ski-masked operatives at 2:00 a.m.  He was brought to court in a civilized fashion.  A reasonably-fair process ensued, at which all facts were made known.  This process found Arbuckle not guilty.

The media, at which all facts were not made known, held its own re-trial of Arbuckle.  The media does not always like the idea of 99 bad guys going free so that one good guy is not punished.  They "media-lynched" Arbuckle, who faced consequences including:

  • Loss of his reputation
  • Loss of his career
  • Loss of his future earnings
  • Ban on his films
  • Loss of his legacy (he's remembered as The Rapist)

Arbuckle was found guilty, and was punished, by the people around him -- though not by the people that we have authorized to do so. 

Better that 99 good men go free, than one Arbuckle get away with something...

Arbuckle was acquitted, and later even received a written apology.  I'm quite sure that the media figured, well, one way or another, he deserved what he got.  As did Stalin, who called Presumption of Innocence "bourgeoisie nonsense."

.

Many times we punish a man -- Jimmy the Greek, Al Campanis, John Rocker -- and console ourselves that we did not criminally punish him.  So we're good, right?  All we did was destroy his life.  He's not in jail.  Rules were followed.  We were mad and we ruined the guy.  Sure, maybe we went a little far in the heat of the moment.  Deal with it, komrade!

We are not talking about whether it is legal for the media to try to punish an American about whom they do not have all the facts.  We are not talking about whether it is legal for the media to instigate punishments for Americans who might or might not be guilty.

We are talking about what we believe in, talking about who we are.  Do you believe in Stalin's Russia?  Or do you believe in Jefferson's America?

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During the 20th century, the media savored its role as Backup Prosecutor.  The internet is ending that era.  I believe that this increases the chances that America's republic will see its 300th anniversary.

Whatever you do, boys, don't let them regulate the internet.  Your kids' freedom may depend on it.

 

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