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The Rule of Law or the Virtual Mob?

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Jay Paterno

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In the age of accelerating media technology we face a fundamental question: Are we to be a nation governed by due process and the rule of law or are we to be ruled by the virtual mob?

The past week has seen some interesting developments in the sports world as they relate to that very same theme.

First; we have the curious case of reigning Heisman Trophy winner Jameis Winston. A week and a half ago, Florida State was getting set to host Clemson and Winston was set to start. Two days later after he yelled a sentence, that included two words some people found offensive, he was suspended for half a game (which by Friday night was extended to a full game).

I know the arguments; he is the Heisman Trophy winner, he can’t yell something like that; he should grow up. Maybe so, but he is still a college kid and he will say these words when hanging with his friends.

The adults who took FSU students’ tweets about Winston’s words and made this a story also need to grow up. This was not and should not have been a story. Winston broke no laws that day, saying words that I’ve said in the past and that most likely the majority of Americans have uttered aloud before.

The suspension was solely for this incident, and no one to date has indicated it was for anything else including previous incidents which have already been addressed by the University. If that is the case then Winston’s right to free speech, no matter how poor his judgment may have been, has been infringed.

If this is a punishable offense schools should issue guidelines outlining what can and cannot be uttered publicly by athletes even if they are just hanging in the Student Union with friends? What decibel level constitutes “yelling?” Should that same language standard be applied to coaches caught uttering the same word on television?

The more you reflect on it the more ridiculous the manufactured outrage around this non-story seems.

It is a dangerous precedent.

Next we turn to the ongoing NFL/Ray Rice/Roger Goodell saga. On Sunday’s CBS Show “Face The Nation” Senator Diane Feinstein was asked for her thoughts about the NFL.

“If a player is arrested they should be suspended, if they are convicted that ends it,” she said.

That standard brings us to Hope Solo of the US Women’s Soccer team who faces domestic violence charges. Why wasn’t the Senator asked about demanding a Hope Solo suspension? Name the Commissioner of the NFL and then tell me the name of the US Soccer President. (Sunil Gulati is the President for US Soccer for those scoring at home).

To stand on the moral high ground, the moralist needs a well-known villain.

That brings us back to the NFL where Ray Rice has been found guilty and lost his job.

But what will happen to Roger Goodell? Let’s assume the worst possible unproven allegations about him; he saw the tape in April, gave Ray Rice only two games and lied to the media. If (and I stress IF) that worst-case scenario is true, he’s not guilty of anything criminal or immoral.

Some may argue lying to the media breaks the “public trust.” If the public trust compels Goodell to tell the truth doesn’t the same public trust compel the media to report only agenda-free stories based in fact? If Goodell has to step down because he lied to the media, let’s demand the same standard for people who give us our news.

There should be ethical requirements to report the truth — that is the responsibility of freedom of the press.

Legally there is a difference between being arrested and convicted. Realistically, if you are a big enough name, there is essentially no difference.

The rush to the moral high ground only occurs when there is a big enough target for the media to exhort its viewers, readers and followers to sharpen their virtual pitchforks and light their virtual torches on social media.

So we circle around to Jameis Winston, Hope Solo and Roger Goodell. One was suspended, one has not been and one may lose his job. Winston has made previous mistakes and has paid his debt to society for everything he’s been found guilty of doing. His suspension for public cussing was silly, but he is a big target. Hope Solo has been charged but rightfully not suspended — she’s not a big enough target to ignite a rush to the moral high ground. Roger Goodell is head of the biggest target in sports so he is under fire.

The Moral High Ground is a neighborhood where it seems anyone with a soapbox can claim a lot, build a house with a great view overseeing every “scandal” and point a finger at the fallen role models below.

From that high ground they lead the social media virtual mob, demanding action and immediate justice. But truth and justice is much more complex, requiring patience. But atop their immediate moral certainty the media is only giving the people what we want.

So it comes down to us. We end with the same question we started with; Are we to be a nation governed by due process and the rule of law, or ruled by the virtual mob?

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