Barrister

Author: Robert (Page 111 of 328)

A partial defence of Kiefer Sutherland's '24'

The conventional wisdom is that Kiefer Sutherland’s 24 is an apologia for torture, a cultural product of America’s post 9/11 crisis of confidence. It is produced by Fox, a media outlet not known for its liberal bias1.
Every week the show presents a new ‘ticking bomb’ dilemma for Sutherland’s character Jack Bauer. These scenarios properly belong in a university Ethics 101 seminar, not real life. Would you kill one person to save a hundred? Is torture justified if it yields information that saves lives? In Bauer’s world, the answer would always appear to be ‘yes’. He consistently chooses the path that saves more Americans in the aggregate, regardless of the law. And when he does so, he prevails. The people he tortures are always guilty and the confessions he extracts always yield useful information.
This is a 180° reversal of real life, of course. But by promoting the idea that the abolition of due process can be effective, 24 is propaganda for the abandonment of law and decency that characterised the Bush/Cheney administration. 24 skews public debate on such issues.
However, I have just watched Season 7. This block of episodes has a very different feel to the previous seasons. Terrorists still attack passenger aeroplanes, launch WMD, and attempt to assassinate the President. And Jack Bauer foils their plans on an hourly basis. However, this time the action has moved from decadent, decaying Los Angeles to Washington DC. This proximity to the institutions of State clearly inspire the supporting characters. As the action unfolds, Bauer is consistently harangued and brow-beaten over his actions by the people around him. FBI Special Agent Reneé Walker tries to play along with Bauer’s unconventional approach, and finds she does not have the stomach for it. Special Agent Larry Moss says “the rules are what make us better.” Back at the FBI HQ, the analysts complain about racially profiling suspects. In a key scene with a liberal Senator, Bauer is forced to entertain the notion that it is the rule of law that makes America, and that sometimes upholding The Constitution should take priority over saving lives. By the end of the series, Jack has accepted this argument.
Meanwhile, in the White House, POTUS Allison Taylor puts the responsibilities of her office over the unity of her family in a most dramatic fashion, following her head not her heart. The situations that she and Bauer encounter are no less preposterous than anything in the previous seasons… But at least in Series 7 the characters give proper weight to the importance of the law as they make their decisions.
24 Season 7 was made in 2008. You can tell it is the product of a different political wind. In an overt attempt to redeem itself after many years promoting a Manichean worldview, this series ensures that every Muslim character is wholly noble. As Bauer lies critically ill in a hospital bed, he even summons an Imam for spiritual guidance.
It is a shame that 24 took so long to put forward the view that it is the law that is at the heart of the American Way. It is a shame that it took the producers six seasons before they remembered that United States Presidents take an oath to defend the Constitution, not the people. Jack Bauer’s torturing ways are themselves an attack on American ideals, and it is a shame that this is only called out in Season 7.
But hey – at least the series does, finally, make that conceptual connection. Just as Jack Bauer repents his sins to the Imam, so 24 Season 7 feels like it too is asking for forgiveness.
Does the show deserve absolution? That all depends how Season 8 unfolds, and I haven’t watched that yet.



1. Yes, I do know that Fox also produces The Simpsons but that does not excuse Fox News.

Check your privilege: Whose free speech is it anyway?

Here’s an audio recording of my remarks at the ORGcon panel ‘The right to be offensive: free speech online’.

I saw this event as an opportunity to develop the discussion on offence and free speech that I had at the Liberty AGM panel last month.  There, the discussion about offensive words centred around ideas of blasphemy and obscenity, and the conclusion seemed to be ‘people need to have thicker skins.’  When it comes to the criticism and satire of religion or public figures, I agree with this sentiment.  But it is a weak and incomplete response to the hate speech and bullying.  An article by Helen Lewis at the New Statesman was fresh in my mind – a nasty culture of rape threats and racism seems to be evolving, and it is driving people offline.  This is also a free expression issue.
So free speech advocates are faced with a challenge.  If we campaign to esnure that offensive comments are legal and permitted in public and quasi-public fora like Twitter and Facebook, what do we do about the hate speech?  What do we do about the racist and sexist comments that discourage minority voices from participating in the discussion?  To expect these people to get a thicker skin and just shrug it off is a privileged attitude that prioritises the free speech of one group over another.
Human rights campaigners must come up with a solution that addresses hateful comments, but without recourse to law.  There may be technical solutions or behavioural remedies we can use to discourage the rape-threats and the sexism and the racism.  If liberal defenders of a free internet to do not address this problem, then populist politicians will seize the initiative and burden us with authoritarian speech laws.
Is online vigilantism the answer?   Can we not use our own right to free speech to shame the people posting the ugly comments?  Fellow pannellist David Allen Green was wary of ‘Twitter storms’, saying that they often result in someone in the storm calling the police.  He said that are unfocused and has previously likened them to an Orwellian Two-Minute Hate.   But perhaps a more surgical form of online counter-speech is the answer?  What would that look like, I wonder?
https://twitter.com/davidallengreen/status/277883863705985024

IFTTT built my suggestion into their app!

Remember how I noted that start-ups are very good fostering loyalty, by listening to and interacting with their users?  Here’s a great example:
First, this:

Then, that:
https://twitter.com/ke/status/345329543399235585
I’m delighted that my little suggestion has been quickly incorporated into the If This, Then That functionality.  If you have not yet taken advantage of the simple but powerful tools available, you should totally head over to the IFTTT website… ASAP.

Notes on PRISM, privacy and surveillance

I have been away this week and unable to write anything on the PRISM revelations that have dominated the news over the past few days.  Here are a few notes and links in lieu of something more rounded.
At ORGcon, I did preface my remarks during the ‘free speech online in the UK’ panel to note that the right to free speech includes the right not to be surveilled.  If you think your conversations are being monitored, then you are not going to speak as freely as you may wish.  (I will post a longer reflection on the ORGcon discussion soon).
This week I did read an article by Daniel Solove in the Chronicle of Higher Education which summarises variations on the “if you have nothing to hide you have nothing to fear” argument for surveillance. It’s obviously extremely relevant given recent revelations surrounding the US Government’s PRISM programme.
Solove’s article is a frustrating read, because the arguments against surveillance are, like many human rights issues, bound up in ‘slippery slope’ or ‘boiling frog’ concepts that tend not to resonate with ordinary people. Public interest (and outrage) at privacy invasions only occur when rare real-life examples manifest themselves, as when the damage has already been done (the hacking of Milly Dowler’s mobile phone being the prime example).  Liberally minded people who oppose surveillance and privacy intrusions on principle need more sound-bites to compete with “if you have nothing to hide you have nothing to fear”. Solove lists a few candidates – “Why do you have curtains, then?” is probably the best retort. Continue reading

Some good reads on the Turkey protests

At English PEN, we’ve been following the health of free expression in Turkey very closely all year.  Here’s a round-up of excellent Turkey analysis from some of the people we have been working with.
Ece Temelkuran writing in the New Statesman – ‘People have killed their fear of authority – and the protests are growing‘.

It was never just about trees, but the accumulation of many incidents. With the world’s highest number of imprisoned journalists, thousands of political prisoners (trade unionists, politicians, activists, students, lawyers) Turkey has been turned into an open-air prison already. Institutional checks and balances have been removed by the current AKP government’s political manoeuvres and their actions go uncontrolled. On top of this growing authoritarianism, the most important reason for people to hit the streets in support of the Gezi resistance was the arrogant tone of the Prime Minister, Recep Tayyip Erdoğan.

English PEN Turkey specialist Alev Yaman expands on this theme of arrogance:

Erdoğan unabashedly wields that most dangerous of rhetorical weapons – the Will of the People – when he speaks, and his casting of the protesters as ‘extremists’, ‘alcoholics’ or ‘opportunistic provocateurs’ gives a clear insight into his psychology. His opponents are marginal, irrelevant and contemptible; while he represents Turkey. And perhaps it’s this dismissive attitude towards the rest that is the biggest factor in the unrest. For many in Turkey, there is a growing sense that their views don’t deserve to be heard or listened to. It is Erdoğan’s contempt for those outside his electoral base that is the biggest cause for concern of all.

Meanwhile, the Free Word Centre’s translator-in-residence Canan Marasligil has written a series of posts on the current crisis: An overview of the protests; some of the issues around translating the protestors statements for foreign consumption; and the role that satircial cartoons have played in the week of protests.
Leman cover

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