In 1970 President Nixon was
lambasted in the press for declaring mass murderer Charles Manson guilty before
a jury deliberated. 34 years later
President Obama comments on the guilt of Donald Sterling, owner of the L.A.
Clippers, before the NBA had investigated his racist remarks and few people thought
twice about it. That's how far our sense
of justice and open-mindedness has declined.
Although the evidence was
quite damming against Sterling,
as it was in Manson's case, our system of justice assumes innocence until guilt
is proven. And although Sterling was not being tried in a court of
law, media, politicians and respected institutions like the NBA should respect
that rule of law.
Today, incited by insensitive,
blood-thirsty media, the public often unwittingly participates in a lynch mob without
any deliberation. Although the
qualifying word "alleged" was frequently used in the media and by
politicians when commenting on Sterling's
racist remarks, their subsequent commentaries were phrased in a way that
clearly assumed guilt. Even Sterling's own basketball
team turned their jerseys inside out before their playoff game last Sunday as
retribution for their employer's comments.
Unless we want to be governed by vigilante justice, due process must be
allowed to take place before individuals take it upon themselves to administer
any form of punishment.
The goal of our founding
fathers was to protect every citizen from being falsely condemned. Although in this case, the lynch mob turned
out to be right, we have seen many cases where the rush to judgment has caused
innocent people to be harmed. Take, for
example, Steve Bartman who in 2003 interfered with a foul ball that likely cost
the Chicago Cubs their first World Series appearance in nearly 60 years, or Richard
Jewell, the falsely accused bomber at the 1996 Olympics in Atlanta.
The relentless and carefully
crafted news coverage vilified both men.
Bartman, though an avid Cub fan, was portrayed as a cold-hearted
opportunist who cared more about catching a souvenir than seeing his team win,
while Jewell was painted as a wannabe police officer who desperately yearned
for hero status. As it turned out in
Jewell's case he was a legitimate hero, but the media had vilified him to the extent he could never recover. And Bartman who retreated into the shadows
has repeatedly turned down very lucrative media offers clearly demonstrating he
is not the insensitive, opportunist he was made out to be.
Sterling should be punished, but I believe the severity of
the NBA's disciplinary action was influenced by mob rule and not a fair, objective
look at the evidence and circumstances behind the racist remarks. It appeared to be a political decision to
pacify a blood-thirsty public and protect their business interests, rather than
serve justice. They would have been
sticking their own necks in the noose if they did otherwise.
I suspect few people have
listened to the full nine minute recording posted earlier this week on TMZ, a
celebrity website. Instead, they rely on
the media to feed them sound bites that ultimately shape their views. None of us would want to be judged in such
way.
Racism is still rampant in America. It just takes more clandestine form or lies deep
within our psyches. Participating in
lynching a man like Sterling
can serve to falsely absolve the vigilantes of any form of racism. Sterling,
although clearly a racist at heart, was just unfortunate enough to have his
private remarks secretly recorded. Can
any of us say we have never said anything incriminating in the heat of a
private argument that we would never express in public or act upon? Sterling
is just the villain de jour served up by the media to make the rest of us feel
righteous.
Furthermore, very few if any
in the media have been commenting on the impropriety of leaking a
surreptitiously recorded private conversation or the angry context in which it
was recorded. Given the delicate subject
of racism, it is easier and a bigger crowd-pleaser to crucify someone than to
do investigative, balanced journalism.
Gone are the days when media sought truth and fairness if it ever
existed in the first place.
Innocent until proven guilty
is the corner stone of what makes our justice system so unique, yet it has
always been corrupted when the media, politicians, and the public act as judge,
jury, and executioner. Unfortunately,
media today determines public opinion which in turn influences those in
authority who will ultimately pass judgment.
The degree of Sterling's
guilt is not the point. It's that we
don't allow due process to take place before the noose is tied.
