Wednesday, February 17, 2021
Fury and Sound
AITOOW thinks that Trump's speech which led to an impeachment can be viewed through the lens of the "reasonable person" construct? It is a piece of legal gymnastics in place of a true standard. We pretend their is an empirically reasonable person out there whom will act in a way in which we may measure everyone else's behavior. I won't even begin to debate empiricism at this point. So, the right hears these words and expects a reasonable person to do what? Riot, loot, murder, maim, pillage? No. The right expects them to petition their representatives, cajole, shout, vote, sloganeer and maybe march. The wrong (aka left) hears words like this or less (maybe even uses supersonic hearing to hear a dog whistle) and is compelled to riot, loot, maim, murder and pillage. So, the difference is in us. Not the words. Personally I believe the right's definition seems a bit more reasonable. But, I'm no empiricist (used to be). Can't say what their definition would be (because it would basically be made up by men and not at all objective). And that is why we have such disparate views on Trump's speech. One side has been taught (maybe instinctual in people who become wrong) attack dogs at a command. One that does not. I reiterate that in a democracy, I believe the former is the standard we wshould prefer. I'll toss in the thought that we also have had four years plus of Trump's rhetoric. We get the subtext by now. We get what he is trying to say. We hear the sacasm and the irony and the rest. So, the thought that his speech was a catlyst to action has an even higher bar to cross than a most milquetoast politician's.
If I was his defense team, I would have carved out thirty minutes for this argument and then showed montage after montage of the wrong speaking and inciting bad behavior juxtaposed with the right and nothing happening. Because the question wasn't whether people purportedly on the right acted reasonablly. But, whether the speech incited them to do it. The inference would be that the wrong's defintion of the reasonable person would have to be used. And that, I think, would have caused many Americans to rethink their opinion on which side is in their right state of mind.
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