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LINK Mob Justice Is Trampling Democratic Discourse - The Atlantic

THE NEW PURITANS
Social codes are changing, in many ways for the better. But for those whose behavior doesn’t adapt fast enough to the new norms, judgment can be swift—and merciless.

By Anne Applebaum
Illustrations by Nicolas Ortega

It was no great distance, in those days, from the prison-door to the market-place. Measured by the prisoner’s experience, however, it might be reckoned a journey of some length.”

So begins the tale of Hester Prynne, as recounted in Nathaniel Hawthorne’s most famous novel, The Scarlet Letter. As readers of this classic American text know, the story begins after Hester gives birth to a child out of wedlock and refuses to name the father. As a result, she is sentenced to be mocked by a jeering crowd, undergoing “an agony from every footstep of those that thronged to see her, as if her heart had been flung into the street for them all to spurn and trample upon.” After that, she must wear a scarlet A—for adulterer—pinned to her dress for the rest of her life. On the outskirts of Boston, she lives in exile. No one will socialize with her—not even those who have quietly committed similar sins, among them the father of her child, the saintly village preacher. The scarlet letter has “the effect of a spell, taking her out of the ordinary relations with humanity, and enclosing her in a sphere by herself.

We read that story with a certain self-satisfaction: Such an old-fashioned tale! Even Hawthorne sneered at the Puritans, with their “sad-colored garments and grey steeple-crowned hats,” their strict conformism, their narrow minds and their hypocrisy. And today we are not just hip and modern; we live in a land governed by the rule of law; we have procedures designed to prevent the meting-out of unfair punishment. Scarlet letters are a thing of the past.

Except, of course, they aren’t. Right here in America, right now, it is possible to meet people who have lost everything—jobs, money, friends, colleagues—after violating no laws, and sometimes no workplace rules either. Instead, they have broken (or are accused of having broken) social codes having to do with race, sex, personal behavior, or even acceptable humor, which may not have existed five years ago or maybe five months ago. Some have made egregious errors of judgment. Some have done nothing at all. It is not always easy to tell.

Yet despite the disputed nature of these cases, it has become both easy and useful for some people to put them into larger narratives. Partisans, especially on the right, now toss around the phrase cancel culture when they want to defend themselves from criticism, however legitimate. But dig into the story of anyone who has been a genuine victim of modern mob justice and you will often find not an obvious argument between “woke” and “anti-woke” perspectives but rather incidents that are interpreted, described, or remembered by different people in different ways, even leaving aside whatever political or intellectual issue might be at stake.

There is a reason that the science reporter Donald McNeil, after being asked to resign from The New York Times, needed 21,000 words, published in four parts, to recount a series of conversations he had had with high-school students in Peru, during which he may or may not have said something racially offensive, depending on whose account you find most persuasive. There is a reason that Laura Kipnis, an academic at Northwestern, required an entire book, Unwanted Advances: Sexual Paranoia Comes to Campus, to recount the repercussions, including to herself, of two allegations of sexual harassment against one man at her university; after she referred to the case in an article about “sexual paranoia,” students demanded that the university investigate her, too. A full explanation of the personal, professional, and political nuances in both cases needed a lot of space.

There is a reason, too, that Hawthorne dedicated an entire novel to the complex motivations of Hester Prynne, her lover, and her husband. Nuance and ambiguity are essential to goBy contrast, the modern online public sphere, a place of rapid conclusions, rigid ideological prisms, and arguments of 280 characters, favors neither nuance nor ambiguity. Yet the values of that online sphere have come to dominate many American cultural institutions: universities, newspapers, foundations, museums. Heeding public demands for rapid retribution, they sometimes impose the equivalent of lifetime scarlet letters on people who have not been accused of anything remotely resembling a crime. Instead of courts, they use secretive bureaucracies. Instead of hearing evidence and witnesses, they make judgments behind closed doors.od fiction. They are also essential to the rule of law: We have courts, juries, judges, and witnesses precisely so that the state can learn whether a crime has been committed before it administers punishment. We have a presumption of innocence for the accused. We have a right to self-defense. We have a statute of limitations.

By contrast, the modern online public sphere, a place of rapid conclusions, rigid ideological prisms, and arguments of 280 characters, favors neither nuance nor ambiguity. Yet the values of that online sphere have come to dominate many American cultural institutions: universities, newspapers, foundations, museums. Heeding public demands for rapid retribution, they sometimes impose the equivalent of lifetime scarlet letters on people who have not been accused of anything remotely resembling a crime. Instead of courts, they use secretive bureaucracies. Instead of hearing evidence and witnesses, they make judgments behind closed doors.

I have been trying to understand these stories for a long time, both because I believe that the principle of due process underpins liberal democracy, and also because they remind me of other times and places. A decade ago, I wrote a book about the Sovietization of Central Europe in the 1940s, and found that much of the political conformism of the early Communist period was the result not of violence or direct state coercion, but rather of intense peer pressure. Even without a clear risk to their life, people felt obliged—not just for the sake of their career but for their children, their friends, their spouse—to repeat slogans that they didn’t believe, or to perform acts of public obeisance to a political party they privately scorned. In 1948, the famous Polish composer Andrzej Panufnik sent what he later described as some “rubbish” as his entry into a competition to write a “Song of the United Party”—because he thought if he refused to submit anything, the whole Union of Polish Composers might lose funding. To his eternal humiliation, he won. Lily Hajdú-Gimes, a celebrated Hungarian psychoanalyst of that era, diagnosed the trauma of forced conformity in patients, as well as in herself. “I play the game that is offered by the regime,” she told friends, “though as soon as you accept that rule you are in a trap.”

But you don’t even need Stalinism to create that kind of atmosphere. During a trip to Turkey earlier this year, I met a writer who showed me his latest manuscript, kept in a desk drawer. His work wasn’t illegal, exactly—it was just unpublishable. Turkish newspapers, magazines, and publishing houses are subject to unpredictable prosecutions and drastic sentences for speech or writing that can be arbitrarily construed as insulting the president or the Turkish nation. Fear of those sanctions leads to self-censorship and silence.

In America, of course, we don’t have that kind of state coercion. There are currently no laws that shape what academics or journalists can say; there is no government censor, no ruling-party censor. But fear of the internet mob, the office mob, or the peer-group mob is producing some similar outcomes. How many American manuscripts now remain in desk drawers—or unwritten altogether—because their authors fear a similarly arbitrary judgment? How much intellectual life is now stifled because of fear of what a poorly worded comment would look like if taken out of context and spread on Twitter?

To answer that question, I spoke with more than a dozen people who were either victims or close observers of sudden shifts in social codes in America. The purpose here is not to reinvestigate or relitigate any of their cases. Some of those I interviewed have behaved in ways that I, or readers of this article, may well consider ill-judged or immoral, even if they were not illegal. I am not here questioning all of the new social codes that have led to their dismissal or their effective isolation. Many of these social changes are clearly positive.

How much intellectual life is now stifled because of fear of what a poorly worded comment would look like if taken out of context and spread on Twitter?

Still, no one quoted here, anonymously or by name, has been charged with an actual crime, let alone convicted in an actual court. All of them dispute the public version of their story. Several say they have been falsely accused; others believe that their “sins” have been exaggerated or misinterpreted by people with hidden agendas. All of them, sinners or saints, have been handed drastic, life-altering, indefinite punishments, often without the ability to make a case in their own favor. This—the convicting and sentencing without due process, or mercy—should profoundly bother Americans. In 1789, James Madison proposed that the U.S. Constitution ensure that “no person shall be … deprived of life, liberty or property without due process of law.” Both the Fifth and the Fourteenth Amendments to the Constitution invoke due process. Nevertheless, these Americans have been effectively deprived of it.

Many of the people described here remain unavoidably anonymous in this essay. This is because they are involved in complicated legal or tenure battles and do not want to speak on the record, or because they fear another wave of social-media attacks. I have tried to describe their current situations—to explain what price they have paid, what kind of punishment they have been handed—without identifying those who did not want to be identified, and without naming their institutions. Necessarily, a lot of important details are therefore excluded. But for some, this is now the only way they dare to speak out at all.

Here is the first thing that happens once you have been accused of breaking a social code, when you find yourself at the center of a social-media storm because of something you said or purportedly said. The phone stops ringing. People stop talking to you. You become toxic. “I have in my department dozens of colleagues—I think I have spoken to zero of them in the past year,” one academic told me. “One of my colleagues I had lunch with at least once a week for more than a decade—he just refused to speak to me anymore, without asking questions.” Another reckoned that, of the 20-odd members in his department, “there are two, one of whom has no power and another of whom is about to retire, who will now speak to me.”
A journalist told me that after he was summarily fired, his acquaintances sorted themselves into three groups. First, the “heroes,” very small in number, who “insist on due process before damaging another person’s life and who stick by their friends.” Second, the “villains,” who think you should “immediately lose your livelihood as soon as the allegation is made.” Some old friends, or people he thought were old friends, even joined the public attack. But the majority were in a third category: “good but useless. They don’t necessarily think the worst of you, and they would like you to get due process, but, you know, they haven’t looked into it. They have reasons to think charitably of you, maybe, but they’re too busy to help. Or they have too much to lose.” One friend told him that she would happily write a defense of him, but she had a book proposal in the works. “I said, ‘Thank you for your candor.’ ”

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HippieChick58 9 Nov 16
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I read Scarlet Letter, been to Salem, and even saw Hawthorne’s Manse House in Concord. He was spurred to write it because his Grandfather, or Great Grandfather, was a Judge who had sentenced people for being witches. Nathaniel partly wanted to clean the family name and bring respect to Salem (probably for the first time). It was an Age of Enlightenment that he and his literary contemporaries created. Great book and writer.

As for how it applies to this stamp of time I have to agree cancel culture is once again active. It is meant to bring down legitimate insanity and that is laudable. But it is also equally, if not more, scary than the insanity. They are hurting themselves and in some misguided effort to save the insane we are creating mob justice. Just as a pregnant woman will likely find a way to end the pregnancy, despite TX style laws, a person who harbors unrevealed thoughts (quieted by fear) will not be in line with the mob and that fear will be shared by many. Eventually they will find each other and combat the fear. Lib’s should think hard about what they are doing and laughing about. It isn’t that pretty or funny.

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