In several debates on this site and on Facebook I have found myself arguing with people who have lost or never learned the value of a Constitutional Republic. People are impatient, they want changes to take place immediately. They want the mood of the day to control policy. What they want is mob rule democracy.
What I am about to share with you is one of the reasons why mob rule, the mood of the day and impatience are the very things our founders did their best to remove from our form of government. What they knew would happen if they didn't create a republic vs. a pure democracy was this kind of reactionary over-reach. From Jonathan Turley:
We previously discussed
the case of Lisa and Anthony “A.J.” Demaree who had their three
children taken away from them after a Walmart employee reported them to
the police as child pornographers for innocent pictures in a bathtub on a
vacation. The absurd reaction of Walmart led to their then 5, 4 and 1
1/2 year old daughters being taken away for a month and put the family
through a ridiculous criminal process due to the equally negligent acts
of the police and prosecutors. Their case is now before the Ninth
Circuit in seeking to be able to present their claims to a jury.
The couple had simply sent 144 pictures from their vacation to
Walmart in Peoria when a developer at the store noticed some naked
pictures of the girls in the bathtub — a common picture for parents to
preserve memories (and later torture their adult children).
The police continued to persecute this family despite medical
evaluations that showed no signs of sexual abuse and an obvious
explanation from the parents. A Maricopa County Superior Court judge
ultimately ruled that the photographs were not, in fact, pornographic.
Innocent behavior of parents was caught up in the frenzy of an alarmist mindset. What a damned shame.
Yes there is real child pornography which does real harm to kids. And yes there are child molesters who do real harm to kids. But there can also be a gathering storm of popular fears which harm ordinary relationships and eventually harm society.
I can't imagine the worry parents have today by merely letting other kids come into their homes to play with their own children. You are alone with other peoples children and vulnerable to being accused of just about anything.
Our fears about the real bad guys contribute to the destruction of society by vilifying the good guys. The same can be said about any number of things beside the horror faced by the family in the story above.
Do we approve of drunk driving? Of course not, but DUI fears have virtually destroyed nightclubs, dance clubs and live music venues where people used to gather, mingle, meet and enjoy time together.
Do we approve of crazy people using guns to commit crimes? Of course not, but fear over the behavior of nuts is affecting the rights of ordinary citizens.
Do we approve of child abuse? Of course not, but prosecutions for spanking unruly kids have given unruly kids the upper hand.
In some places, particularly the courts, reaction is often not tempered by the same processes that are in play in the other branches of government. Judges, prosecutors and police officers are frequently called upon to react by the most vocal members of a community. They often perceive their jobs to be on the line if they don't react and they often have no protection from criticism.
As a lawyer with over three decades of experience I've seen the tone, temperament and type of client change. The "me generation" is now in their thirties and forties. They demand immediate attention and refuse to accept that they could be wrong. They demand that things be done their way, and NOW!
Impatience, lack of respect for any opinions that don't confirm their own and the failure to appreciate the way our system of government works creates a nearly explosive frustration with some of them. While I doubt our founders could envision this exact kind of mindset what they did appreciate was how quickly public opinion could change and how unstable a government left to blow with the wind would be.
It's time for us to settle down a bit, in many aspects of our current life, and take stock of the value of our republican form of government, take stock of how temporary our lives will be and to stand up against some of the nonsense.
It's time for us to talk with each other and try to once again agree that panic thinking should not rule.