In our national kindergarten, another tragedy means another law!

A Detroit Free press columnist is saying that there ought to be a law against broadcasting interviews with underage teens about sex:

Under Michigan law, it is illegal to have sex with a 14-year-old girl, even if she consents.

But there's no law against broadcasting on television the same 14-year-old's account of her sexual activity. And that's a shame, because if there were such a law, Samantha Kelly might still be alive today.

Here's the conduct he wants made illegal:
In early October, distressed by the hostility her daughter faced at school from Tarnopolski and his friends, June Justice contacted Detroit's Fox News affiliate, WJBK-TV (Channel 2). On Oct. 18, the station broadcast a 21/2-minute segment in which Samantha, accompanied on-screen by her mother, charged for the first time that Tarnopolski had forced himself on her. An anchor's introduction to the piece called it a case of rape.

The issue of coercion was irrelevant to the statutory charge prosecutors had lodged against Tarnopolski. But the Channel 2 broadcast complicated the case in two ways.

First, it introduced a new version of events inconsistent with both Samantha's previous accounts and her text messages to the defendant.

Second, it turned what had been a closely held secret into general knowledge among the 850 students at Huron High. Many sided with Tarnopolski, a popular upperclassman who vehemently denied Samantha's allegations of coercion and branded his accuser a liar.

The story is a pretty sordid one, but I see serious problems with a law prohibiting the interview that occurred here. Unless it can be shown that Fox News coerced the girl and her mother into being interviewed, this goes to the heart of what we call the free press. I find it a bit ironic that a newspaper called the Free Press is editorializing in favor of criminalizing what are traditional free press activities. If the Fox News reporter should go to jail, then so would Jerry Springer and countless other talk show hosts, and I guess so would bloggers like me who allow people to leave unpoliced comment about any damn thing they want. So it's my First Amendment -- just as much as the Detroit Free Press or Fox News or Jerry Springer.

A lot of people say there ought to be a law about this, and there ought to be a law about that, but you'd think an MSM reporter would be more sensitive where it comes to advocating laws criminalizing speech.

Of course, that in no way begins to address the problem of people who can't face the consequences of sexual publicity, and it is a shame that this girl took her own life.

There's been a lot of talk lately about gay teen suicide, and while this girl and her 18 year old partner were heterosexual, had this been a gay teen suicide, there'd be a lot of yowling in the usual circles about how the evil Christian bigots drove him to it, etc. I think it's less complicated than that. While I don't mean to downplay the traumatic aspects of being publicly outed as a gay teen, there is something about having your sex life broadcast for the world to see which carries a trauma all its own -- gay or straight. It's an invasion of privacy.

And it's tragic to see young people who cannot handle invasions of their privacy seeing their privacy invaded because they didn't think through the consequences of technology. From today's front page article:

What started on Sept. 26 -- according to police statements and reports -- as a giggling teenage hook-up had spun wildly into a tragic mix of rape accusations, felony charges, overheated high school drama, taunting and ridicule. It ended Monday with death and a mother's rage and grief.

Joseph Tarnopolski, 18, who began the day facing a felony charge of having sex with an underage girl, left 34th District Court in Romulus a free man because Samantha was dead and could not make her accusations under oath in open court.

They were neighbors and fellow students at Huron High School in New Boston. As things often go these days, the teenagers volleyed text and computer exchanges.

By all accounts agree there was a whole lot of texting going on, along with the posting of statements on MySpace. There is disagreement about who said what or how old the two thought they were, but thanks to the eternal persistence of memory (what a prophet Dali was!) on the Internet I am sure the computer forensics people can sort it all out and determine who said what to whom, and in what order.

It's a shame what happened. Being young, young people often don't take the time to carefully consider the consequences of their actions, especially in the context of online communications. Even the girl's mom may have been involved in the texting:

Samantha and Tarnopolski rendezvoused at his home the morning of Sept. 26 and, as spelled out in police reports and statements provided by Tarnopolski's lawyer Matthew Evans, things would never be the same again.

Evans said Samantha didn't say in either statement she made to police that his client forced her to have sex or that "this was something she had planned."

"As soon as we got in there, he kicked his cat's out and showed me his blacklights," Samantha told police in a statement on Sept. 26. "We then sat on his bed, it was silent. We started to giggle about the awkward silence & then got under the blanket because I told him I had to leave soon."

According to Samantha's statement, the two took their clothes off, Tarnopolski started touching her and then they started to have sex.

Then her friend texted Tarnopolski's phone, saying Samantha's mom had been texting her, Samantha told police.

The rest of it is a typical "he said, she said" story replete with a number of contradictions.

The problem is when tragedy strikes, people want laws. And I'll be damned if I am going to sit around and watch them propose new restrictions on speech simply because some people can't keep their effing traps shut.

Because some people can't wipe their asses or their children's, the government has to restrict all of us. This goes to my longstanding complaint about being forced by busybodies to live in a national kindergarten.

I am not responsible for what other people do with communications technology, any more than I am responsible for what other people do with their guns. Or their penises for that matter.

But this is an old debate, and I often fear it is a hopeless one, because it lies at the heart of the fundamental disagreement between libertarians and communitarians.

The "I am not my brother's keeper" meme is at least as old as the Bible. Not that I have anything wrong with anyone volunteering to be his brother's keeper, mind you. Just as charity is good, looking out for one's fellow humans is also good. Some people (such as Mother Teresa, along with many who have cared for the dying) have literally had to wipe the asses of their fellow humans. That form of wiping people's asses is all for the good. But shouldn't such goodness come from within?

UPDATE: Many thanks to Glenn Reynolds for the link and a warm welcome to all.

Comments invited, agree or disagree.

BTW, commenter DJ made a point which might be more important than he thinks:

Small point, but the Freep columnist calls Channel 2 "Detroit's Fox News Affiliate." That's false, or at least misleading.

WJBK (Channel 2 in Detroit) is a Fox cable network affiliate. You know, home of those reactionary Simpsons, the Netc. It is not a Fox News -- that leftist bugbear -- channel in Detroit. They do have a local news broadcast, which they call Fox 2 News. I never watch it, but I'll bet it's indistinguishable from Channel 4's local news. They do NOT have Beck, O'Reilly, Hannity, etc.

In short: Channel 2 is not Fox News Channel (FNC) in Detroit. Dickerson, the writer, is factually in error in a way that lends illicit support (to those disposed to hate FNC) to his argument.

Here's a link: http://en.wikipedia.org/wiki/WJBK

If in fact the editorial was attempting to whip up public support for a law restricting speech by invoking the specter of the evil Fox News, the implications are fascinating. Because it might mean that the liberal media are willing to restrict their own free speech simply out of animosity towards a conservative network.

You'd almost think they were activists as opposed to, you know, journalists.

posted by Eric on 11.11.10 at 11:17 AM





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Comments

Eric, you've clearly identified once again the fundamental distinction between good actions perfored willingly and good actions that are coerced--but I fear that this distinction is lost on far too many people.

John S.   ·  November 11, 2010 04:57 PM

Small point, but the Freep columnist calls Channel 2 "Detroit's Fox News Affiliate." That's false, or at least misleading.

WJBK (Channel 2 in Detroit) is a Fox cable network affiliate. You know, home of those reactionary Simpsons, the Netc. It is not a Fox News -- that leftist bugbear -- channel in Detroit. They do have a local news broadcast, which they call Fox 2 News. I never watch it, but I'll bet it's indistinguishable from Channel 4's local news. They do NOT have Beck, O'Reilly, Hannity, etc.

In short: Channel 2 is not Fox News Channel (FNC) in Detroit. Dickerson, the writer, is factually in error in a way that lends illicit support (to those disposed to hate FNC) to his argument.

Here's a link:

DJ   ·  November 12, 2010 12:19 AM

If I read this correctly, the FREEP columnist is all for criminalizing the television broadcast of teenage confessions? This isn't surprising. Does this law prevent the printing of such information in a news article in the FREEP, or just "broadcast"?

lgv   ·  November 12, 2010 09:17 AM

Let me be insensitive here- a teenager couldnt take the heat which resulted from her own actions, and she committed suicide. No one murdered her- SHE MADE THE DECISION TO END HER LIFE. Why is society being blamed, why are people calling for more restrictive laws, becasue one teenager, who couldnt think logically, killed herself?
Which is why I dislike the whole manufactured "crisis" of the alleged "gay suicide holocaust" that supposedly is going on in our country.
Ultimately, the teenager who commits suicide is the person responsible for their own death- os, why the irrational calls for new laws and policies that are nothing but feel-good initiatives that will achieve absolutely bupkus?
Maybe kids ought to be taught how to deal with reverses and disappointments in life by parents at home, so that they learn to be strong and resilient people.
Passing new laws as the Freep columnist calls for will ensure more of the same, more non-rational thinking teenagers, who commit suicide at the drop of a hat over some alleged disappointment in life.

Daniel Fielding Smith   ·  November 12, 2010 09:19 AM

Wait...the station that did the interview is at fault, but not the mother who called the station and set it up? WTF?

HeatherRadish   ·  November 12, 2010 09:39 AM

Wait, what? Let's assume for a moment that a young girl really is brutally raped by a popular and politically-connected scoundrel (perhaps in Hyannisport, but that's another rant). The police and prosecutor want to protect the budding football star/rapist, and so decline to investigate the claim, much less prosecute the rapist. And this "journalist" thinks that it should be AGAINST THE LAW for the girl and her parents to raise a public outcry over such a failure of the justice system?

Some people are just incapable of thinking more than about 2 seconds ahead of themselves.

PatHMV   ·  November 12, 2010 09:56 AM

"Not that I have anything wrong with anyone volunteering to be his brother's keeper, mind you."

The key point here is an individual choosing to care of other individuals or groups. Liberals fail to see that a libertarian objection to being assigned financial responsibility for strangers at the threat of confiscation of property and liberty does not equate to a blanket cold lack of concern for anybody else. For people who seem so concerned about nuance and greys, their personal litmus test of morality is too often starkly binary.

submandave   ·  November 12, 2010 10:03 AM

OT, but in her testimony, she says "He kicked his cat's out". What part of a cat is its "out"?

Wally Ballou   ·  November 12, 2010 10:19 AM
M. Simon   ·  November 12, 2010 10:35 AM

Ahhh... the ever-present call to "DO SOMETHING!!!!" that accompanies every tragedy. Then we complain about an over-reaching government where we've got 5% of the world's population and 25% of the world's prisoners; Our police forces more and more advance into para-military Mad Max garb, gear and personality.

Please stop submitting yourselves and society to ever-increasing authority based on one-off tragic critical incidents people. It's expensive, in liberty and dollars; and it does far more harm to society than any potential good.

Tragedies happen... and government is all to willing to use these as an excuse to advance its authority without us chanting "DO SOMETHING!" to further along its efforts.


JimmyNashville   ·  November 12, 2010 10:38 AM

Excellent analysis of what's wrong, not just with this case, but much of modern America's penchant for more nanny-statism.

I'm liking this blog more, and more.

Keith_Indy   ·  November 12, 2010 11:26 AM

Let's all go back and read this:
Samantha, accompanied on-screen by her mother, charged for the first time....

Not the little girl's fault. Mother's fault. Entirely. The mother killed her daughter, straight up.

Paul A'Barge   ·  November 12, 2010 11:26 AM

By the way, note the girl's name:
"Samantha Kelly"
Now note the mother's name:
"June Justice"

Not the same last name.

Paul A'Barge   ·  November 12, 2010 11:28 AM

patHMV- in this case referenced, the alleged perp was no football player. He is a short, and a very effete artsy-fartsy type of guy, and I was actually surprised that he was the guy who alleged had sex with the girl.

Daniel Fielding Smith   ·  November 12, 2010 11:39 AM

The line from Genesis about my brother's keeper, is simply the most misused in modern America. Here is the original dialog:

Gen.4:8-9

Cain said to Abel his brother, "Let us go out to the field." And when they were in the field, Cain rose up against his brother Abel, and killed him.

Then the LORD said to Cain, "Where is Abel your brother?", who replied, "I do not know; am I my brother's keeper?"

Cain's sin was murder, not voting Republican. His reply about his brother's keeper was perjury and obstruction of justice, not a failure of social conscience.

Walter Sobchak   ·  November 12, 2010 12:16 PM

No, the tragedy here is the fact a man has had his life ruined, based upon accusations that were never aired in court. So much for the presumption of innocence. Now a man who was never convicted of anything will have to go through life known as a rapist.

Telling the world, on national TV, that someone raped you is amazingly irresponsible to say the least. Evidently convicting someone in the court of public opinion was more important than letting him have his day in court first. I have no sympathy for the girl who committed suicide. Far more people go through a lot worse than she claimed she did and they didn't take the cowards way out.

Bob   ·  November 12, 2010 01:19 PM

Our host's key point is less coerced good behavior -- I must attend my brother's needs. It is more about being forced to accept someone else's protection or benevolence or service, even if you don't want it. It's like the old lady said to the Boy Scout: "I didn't need to cross the street. I live on the other side!"

Geoff Brown   ·  November 12, 2010 03:49 PM

it should he noted that the only connection between this girl's suicide and those of gay teens is that they killed themselves. she was embarrassed by a sexual encounter that may, or may not, have been coerced but this girl had the support of her family and a large portion of her community. sadly, that was not enough to keep her alive.
it's a quite different set of circumstances in the case of gay kids who, most often, find no support from any quarter.. not from family, community (yes, that includes the railings of the religious), nor from their teachers or school administrators. they are isolated and left to their own devices all while they are being battered, both physically and psychologically, by their fellow classmates. it's not, usually, an embarrassing sexual encounter with which they are contending, but rather a blanket condemnation of their (real or perceived) orientation. it's terrible when anyone, much less a very young person, sees suicide as their only out..but lumping them all together as being people who were simply too weak to 'buck up', or as some sort of whiny, trendy 'professional victims' is to ignore the very real, and differing, circumstances of their lives in favor of making some cheap political jab. it does nothing to assuage the grief of those they leave behind nor to alter the circumstances that are likely to lead others to make the same tragic choice for themselves. it's ridiculous to say that we should stifle the personal stories of our youngsters because their tales happen to involve sexually-related topics. it is long past time that we pull our prudish, victorian heads out of the sand and, perhaps, we can save some of these kids from checking out long before their time.

Anonymous   ·  November 13, 2010 01:16 AM

it should he noted that the only connection between this girl's suicide and those of gay teens is that they killed themselves. she was embarrassed by a sexual encounter that may, or may not, have been coerced but this girl had the support of her family and a large portion of her community. sadly, that was not enough to keep her alive.
it's a quite different set of circumstances in the case of gay kids who, most often, find no support from any quarter.. not from family, community (yes, that includes the railings of the religious), nor from their teachers or school administrators. they are isolated and left to their own devices all while they are being battered, both physically and psychologically, by their fellow classmates. it's not, usually, an embarrassing sexual encounter with which they are contending, but rather a blanket condemnation of their (real or perceived) orientation. it's terrible when anyone, much less a very young person, sees suicide as their only out..but lumping them all together as being people who were simply too weak to 'buck up', or as some sort of whiny, trendy 'professional victims' is to ignore the very real, and differing, circumstances of their lives in favor of making some cheap political jab. it does nothing to assuage the grief of those they leave behind nor to alter the circumstances that are likely to lead others to make the same tragic choice for themselves. it's ridiculous to say that we should stifle the personal stories of our youngsters because their tales happen to involve sexually-related topics. it is long past time that we pull our prudish, victorian heads out of the sand and, perhaps, we can save some of these kids from checking out long before their time.

el polacko   ·  November 13, 2010 01:17 AM

my apologies for the double post..a slip of the finger.

el polacko   ·  November 13, 2010 01:20 AM

Detroit is still open? Wonders never cease. We should certainly be looking that direction for insight into current leftist thought, given the total control they have exercised for decades and, of course, the fine result they have obtained.

Hucklebuck   ·  November 14, 2010 03:19 PM

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