Thursday, November 30, 2017

Presumption Of Innocence




I have in my hand a list of 37 State Department employees who are members of the Communist Party or are fellow travelers.



            McCarthyism. Bad.



9 women have accused X of making the workplace uncomfortable.



           Accusations of sexual harassment. Good.



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He is running in the election against our president. He is an enemy of the state. Send him to Siberia.



           Political dissent. Unacceptable.



Burning the flag and your draft card. Fleeing the country.



           Political dissent. Laudable.



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Buying products made in China.



            Supporting a unfriendly government. Risky.



Buying American.



            Prices may be higher but it's for our own benefit.



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Supporting the Founding Fathers (bigots) and the Constitution (bigoted).



            You're a bigot too. (Acceptance of a contrary idea constitutes – requires – a label.)



Letting the president and supreme court decide what's in our best interests. They know better than we what's good for us. Forget Congress. They can't make up their minds anyway. They'll never pass the Taylor Swift act even though American lives are involved.



            You're a patriot.



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I know you're an atheist but I pray for your eternal soul.”



           Hate speech. Bad.



Rape.



           Clearly a crime of love. Good.



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Stand for the National Anthem.



            Support for our country. Perverse.



Kneel for the same.



            Loyalty to justice. Opposition to fascism. Admirable.



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You may not agree with all these assessments. That's up to you. You have a right to your own opinion. You're free to express your own ideas. But you have no right to impose them on others. Sure, you have no sanction for harming another, but, as the German folk song says, “Die Gedanken Sind Frei.”



The American Constitution, which you may or may not support, includes this position, although there are different interpretations of what the guarantee means – especially when it seems to conflict with another right. Still, it's there. In the First Amendment. It's part of the basis of the American system of justice. As is the presumption of innocence until guilt is proved.



That's not the way it always works, however. The only swift justice we provide is a lynch mob.



I heard on the radio yesterday that Garrison Keillor was fired by PBS because he is alleged to have touched a woman in an uncovered part of her back. What part of her back was uncovered and why, were not disclosed, but Mr. Keillor claims that he was only giving her a hug of comfort at a time she was saddened. In an age where hugging is in fashion it's difficult to fault such an act. In any event, the System decided that no explanation or justification was necessary when they terminated him, and the media decided that the incident was newsworthy.



But that's the current Zeitgeist. Trials no longer are reserved for the courts but are the arena of politicians, the media, police departments, and the public. And the last category includes industry leaders, who fear the public relations and economic implications of association with someone tainted by public and media outcry. There has been a sudden rush to reveal past indiscretions – mostly the responsibility of others – which they feared to mention earlier. Skin contact is harassment, though I must admit that I shook a woman's (ungloved) hand once. It's important, as Mr. Keillor has learned, to find out what skin is off limits and if there are any exceptions. The presence of a duéna (chaperon) at all times would help to solve this problem.



A similar topic is dress codes. Men are justifiably accused of exposing themselves to attract a woman's attention. A woman may achieve the same goal by covering herself in alluring clothing – long splits in long skirts or none (needed) in short skirts, see through clothing, exposed undergarments (especially from Victoria's Secret), and clothing that emphasizes or discloses body parts. Women claim that they like the outfits, but they are designed (usually by men) to attract men's attentions. And if they are successful it is those wearing them who are being harassed.



Notwithstanding the long delays in the disclosures (by the way, as a child I was a liberal, though that is not true any more, since I want to distance myself from the left's predisposition to prejudice – especially antisemitism and Islamophilia), Ill take them at face value and support trial on the evidence (though it is hard to imagine what evidence apart from claimed personal recollections my be available decades after the incidents) if that is the wish of the involved parties, but if not, or there is no conviction, they should be presumed innocent (though it's hard to regain a reputation tainted by conviction in the press which, at times, acts as judge and jury). That's the way it is with most other accusations. And even if we suspect jury tampering or threats, if a court finds a defendant “not guilty” he is not guilty. And it's virtually impossible to get your name off the sexual offenders registry. (And the drunk drivers and bank robbers registries for that matter. Oh, wait. There are none.)



That's enough ranting about the specific. In general, however, my concern is that we get what we contracted for – swift justice and the presumption of innocence unless legally convicted of whatever it is that we are accused of doing. It may not get the press as much attention as current practices, but it's a lot fairer. We cannot correct the wrongs of the past with wrongs of the present. It's clear that society now encourages speaking out so that arguments in the future about not doing so will be less believable. And early trials, in the courts, are needed without overexposure in the press.



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I said just yesterday that the essays to follow would only be fragments, but the situation with Garrison Keillor was more than I could handle in a short note. I'll try to prevent the long- winded ones in the future.













November 30, 2017

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