Tuesday, July 05, 2011

Nancy is a disgrace to journalism

Time was, a person in the news industry had a code of ethics they had to remain true to. And it wasn't even a matter of compulsion; journalists upheld them with pride.

I hesitate to call Nancy Grace a "journalist" — she's really the white, screechy equivalent of Star Jones, a lawyer/commentator/loud voice who does nothing but pass judgments non-stop.

Still, for weeks, Nancy Grace has been calling Casey Anthony "guilty" on the air on HLN, a "news" channel run by CNN and owned by Time Warner.

Casey Anthony has been found not guilty, and that makes the situation for Grace all the more damning. It's not only ethics this time — it's the potential for libel.

In this country, to prove libel, you must do three things: (1) identify, (2) defame and (3) publish. Grace clearly identified Anthony — in fact, I'd go so far as to say she made this case into what it is. Girls get killed daily — why was this case so different?

By calling a person guilty when she isn't is pretty much defamatory on its face. I can't go around and say that Grace is a child-killer, or that she is a prostitute or that she embezzles money. I'm accusing her of crimes she didn't commit; that's defamatory. I can, however, say that I can't stand her. That's just my opinion. There's a clear difference that courts have agreed upon.

And of course, by working on a national TV show, Grace definitely published her accusations.

The final test is if the offender intentionally set out to harm, or if she had a "reckless disregard for the truth" (c.f. "New York Times v. Sullivan"). I can't say with certainty that Grace set out with intent to harm (though it does seem that way), but she was most certainly reckless with her language and her accusations. In fact, that's her trademark. CNN has even embraced that, by giving her a second show called "Swift Justice."

So now the problem remains for CNN, her employer: Now that Anthony has been found "not guilty," what lies ahead for Grace?

The first thing is that CNN should promptly discipline her as a matter of principle and journalistic integrity. Will that happen? Likely not, as she is a cash cow for them. (Ironically, Grace blasted Anthony for being able to make money off of book deals, TV movies, etc. Meanwhile, Grace is earning a sizable living just off "covering" the case.)

The second thing is that Anthony should sue. Regardless of your beliefs about Anthony, in America you are innocent until proven guilty — unless, apparently, Nancy Grace thinks otherwise and blares it on national TV. Allowing Grace to go unscathed (and worse — CNN) sets a dangerous precedent for the media in this country. It's already a circus. Now, it's potentially criminal.

Grace and Co. shouldn't be allowed to flount the laws. Anthony should sue.

2 comments:

firechild said...

So true!!! Thanks!

DLYNN said...

Bravo!!