These people don't seem to understand the difference between the court of law and the court of public opinion. And they certainly don't understand where and how these two intersect.
In today's media saturated world knowing the difference between the court of law and the court of public opinion is vital if you want to have any sense of what's actually happening.
The most important thing to remember about the court of law and the court of public opinion is that they couldn't be more different. They are almost tike two sides of the brain. One's more rational and linear. The other's more intuitive and non-linear. Think of the court of law as the verbatim transcript of a murder trial. Then, think of the court of public opinion as the same trial reported by TMZ. That's an exaggeration, to be sure. But now, you're starting to understand the difference. For a better understanding, consider the following:
1) In the court of law, facts theoretically count for something and the facts of the case are collected carefully and methodically and presented in some kind of order. In the court of public opinion, the facts may not be facts at all, and what information is brought forward is collected in a haphazard and fragmented manner and presented in bits and pieces in an often sensationalized fashion.
2) In the court of law, the rules are reasonably clear and they are presented to and known by all parties beforehand. In the court of public opinion, there really are few if any rules and besides, even if rules seem to exist, those rules can change at any moment.
3) In the court of law, the principals pretty much know who the main characters in the drama will be. In the court of public opinion, we never know who will pop up on which side and what role he or she may play.
4) Generally, the court of law is quiet and structured. People speak when spoken to. Only one person speaks at a time. Equal time is given for each side to present its case. A single presiding officer remains in charge. There is a clear sense of order and authority. The court of public opinion, on the other hand, is noisy and often downright chaotic. People do not wait to speak. Sometimes several voices are heard at once. While equal time guidelines may seem to exist, that does not mean they will be observed. No one seems to know who is in charge and the party who appears to have the "upper hand" may change many times during the course of the proceedings. There is virtually no sense of structure or order.
5) In the court of law, the proceedings have a beginning, a middle and an end. At some point, the matter is brought to a conclusion. A decision is made. In the court of public opinion, there often is no finality - no deciding moment. Just when you thought the story was over, a new chapter emerges. Today's victory can be tomorrow's debacle. The hero of 2023 is the villain of 2024. "Hot-button" issues now are "old hat" in a matter of weeks if not days.
If these contrasts seem to smack of hyperbole, think for a moment about some of the stories and characters that have inhabited the court of public opinion in recent years. The murder of George Floyd and the trial of Derek Chauvin. The charges against Kyle Rittenhouse and his subsequent law suit. The tales and travails of Jussie Smollett. Britney Spears' financial tussle with her dad. The legal journey of Bill Cosby. And now the death of Jordan Neely and the trial of Daniel Penny. This latest one continues to play out in the court of public opinion following a path similar to all the others.
In today's media saturated world knowing the difference between the court of law and the court of public opinion is vital if you want to have any sense of what's actually happening.
The most important thing to remember about the court of law and the court of public opinion is that they couldn't be more different. They are almost tike two sides of the brain. One's more rational and linear. The other's more intuitive and non-linear. Think of the court of law as the verbatim transcript of a murder trial. Then, think of the court of public opinion as the same trial reported by TMZ. That's an exaggeration, to be sure. But now, you're starting to understand the difference. For a better understanding, consider the following:
1) In the court of law, facts theoretically count for something and the facts of the case are collected carefully and methodically and presented in some kind of order. In the court of public opinion, the facts may not be facts at all, and what information is brought forward is collected in a haphazard and fragmented manner and presented in bits and pieces in an often sensationalized fashion.
2) In the court of law, the rules are reasonably clear and they are presented to and known by all parties beforehand. In the court of public opinion, there really are few if any rules and besides, even if rules seem to exist, those rules can change at any moment.
3) In the court of law, the principals pretty much know who the main characters in the drama will be. In the court of public opinion, we never know who will pop up on which side and what role he or she may play.
4) Generally, the court of law is quiet and structured. People speak when spoken to. Only one person speaks at a time. Equal time is given for each side to present its case. A single presiding officer remains in charge. There is a clear sense of order and authority. The court of public opinion, on the other hand, is noisy and often downright chaotic. People do not wait to speak. Sometimes several voices are heard at once. While equal time guidelines may seem to exist, that does not mean they will be observed. No one seems to know who is in charge and the party who appears to have the "upper hand" may change many times during the course of the proceedings. There is virtually no sense of structure or order.
5) In the court of law, the proceedings have a beginning, a middle and an end. At some point, the matter is brought to a conclusion. A decision is made. In the court of public opinion, there often is no finality - no deciding moment. Just when you thought the story was over, a new chapter emerges. Today's victory can be tomorrow's debacle. The hero of 2023 is the villain of 2024. "Hot-button" issues now are "old hat" in a matter of weeks if not days.
If these contrasts seem to smack of hyperbole, think for a moment about some of the stories and characters that have inhabited the court of public opinion in recent years. The murder of George Floyd and the trial of Derek Chauvin. The charges against Kyle Rittenhouse and his subsequent law suit. The tales and travails of Jussie Smollett. Britney Spears' financial tussle with her dad. The legal journey of Bill Cosby. And now the death of Jordan Neely and the trial of Daniel Penny. This latest one continues to play out in the court of public opinion following a path similar to all the others.
Of course, who can ever forget the O.J. Simpson trial which became its own long-running daytime drama? The court of public opinion hosts a variety of issues and personalities in a continuously chaotic, unpredictable setting. The whole show unravels in front of an often mesmerized audience that isn't always sure what it's seeing or what to think about it. Now, all along, of course, the audience is part of the show as the principals carry out a breakneck effort to sway the jury of public opinion. Glancing into this shrill well of public discourse, one can understand Ralph Waldo Emerson's frustration when he concluded: "The people are to be taken in very small doses."
But this is exactly the world that Donald Trump inhabits and the world he has mastered for so long. In the orchestra of public opinion, he's the chief fiddler. This former reality TV star knows what notes to hit when and how to build to a crescendo. And he damn well knows that the court of law is neither insulated from nor immune to the vagaries of the court of public opinion. Indeed, the one can be played to the betterment or detriment of the other.
In the end, democracy demands that the people's voice be heard. That voice is what we call public opinion. And that collective opinion is monitored, scrutinized, analyzed, disseminated, amplified, and some might say magnified to the point where it is a force unto itself.
In the end, democracy demands that the people's voice be heard. That voice is what we call public opinion. And that collective opinion is monitored, scrutinized, analyzed, disseminated, amplified, and some might say magnified to the point where it is a force unto itself.
And the court of public opinion is the collective environment in which this continuing process occurs. It is an environment inhabited by media moguls, TV cameras, cell phones, street reporters, satellite dishes, pollsters, newspaper scribes, podcasters, focus groups, social media influencers, bloggers, reality TV, marketing strategists, docudramas, packs of paparazzi, anchorpersons, commentators, talking heads, serious authors and ordinary Janes and Joes. Like it or not, it's a vital and integral part of what we call the popular culture. And in this court, amidst this pandemonium, Trump is his own lawyer -- his own best advocate.
So when you watch and listen to Donald Trump, know that this is what he's playing to. Yes, he gets it. He knows that at some point he likely will be dragged into a actual court of law where he will face a judge and jury. But that is still a long way off. And what he's doing now -- right now in this bigger more calamitous court -- will lay the groundwork for all that follows.
Or, as Billy Flynn sings in the iconic musical Chicago:
Give 'em the old three ring circusStun and stagger 'emWhen you're in trouble, go into your dance
Though you are stiffer than a girderThey'll let you get away with murderRazzle dazzle 'emAnd you've got a romance
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