John Whitehead's Commentary
Televising McVeigh's Execution Appeals to the Lowest Denominator
It would be the ultimate in reality television, a concept the exact opposite of Survivor--there is only one contestant, and a jury has already voted him off the island for good. That appears to be what Entertainment Network, Inc. has in mind with their lawsuit demanding that they be allowed to broadcast the execution of Timothy McVeigh--live-- over the Internet. But thinking that such a reality show would be good for America is pure lunacy.
This is not a fringe concept. In an online poll at Findlaw.com, a website serving the legal community, over fifty percent of those voting said McVeigh's execution should be televised.
There are a number of people who will be allowed to view the execution on television. U.S. Attorney General John Ashcroft has indicated that a closed-circuit broadcast will be available for families of the victims in the Oklahoma City bombing to witness McVeigh's final minutes. However, the chances that anyone else will get a live viewing aren't good.
ENI argues that the media have a First Amendment right to televise events of significant public interest, such as the McVeigh execution. The group cites a host of language from Supreme Court opinions championing the right of free and open media access. Unfortunately for ENI, none of this language deals with a federal execution. Without any favorable legal precedent on their side, it is unlikely that the Indiana-based federal court charged with the case will accept the argument. Even if the case reached the Supreme Court, it appears extremely unlikely that a Court which refuses to televise its own proceedings--even in a case that decided the outcome of the most recent presidential election--would mandate that a federal execution be televised.
Thus, despite the efforts of ENI and the hopes of hundreds of Findlaw users, the execution will not be televised. And that is a very good thing, if for no other reason than that it would provide more fodder for the underground hate groups that wish to turn McVeigh into a martyr. In addition, televising this execution--the first one carried out by the federal government since John F. Kennedy was president--would be the epitome of moral decadence, plain and simple. Rather than serve the purpose of informing the public about matters of serious interest, it would be the equivalent of a snuff film, a peep show for the bloodthirsty voyeurs among us.
Indeed, voyeurism may well be one of the ingredients behind ENI's bizarre request. One of the main websites that ENI hosts is called VoyeurDorm.com--a live 24-hour/seven-day-a-week website where viewers can watch young college women do virtually everything.
ENI argues that televising the execution will allow the public to monitor the actions of government officials to ensure their compliance with constitutional rules. But federal law already provides for ten members of the media to attend the execution. If anything untoward were to happen, the officials are there to observe it and report it in order for the public to hold our government responsible. Democratic society does not depend on ENI feeding footage to every reality glutton with a modem.
What is especially noteworthy--besides the irony of a group named Entertainment Network donning the lofty mantle of the democratic free press--is how ENI proposed to present the execution telecast. In a letter to federal officials requesting broadcast permission, the group proposed to present it as an "adults-only" telecast. They would ensure that only adults watched by registering with monitoring software such as Net Nanny. In addition, they would require viewers to submit a credit card, charging a nominal fee of $1.95 to verify the card (ENI says all proceeds would go to charity).
Essentially, the execution broadcast would be presented in the same manner as that other Internet staple--pornography--with adults only, peering into their monitors for a peep show. One can even imagine McVeigh, as the needle slides into his arm, peering into the camera and asking the voyeurs on the other side, "Are you entertained?"
This is not a fringe concept. In an online poll at Findlaw.com, a website serving the legal community, over fifty percent of those voting said McVeigh's execution should be televised.
There are a number of people who will be allowed to view the execution on television. U.S. Attorney General John Ashcroft has indicated that a closed-circuit broadcast will be available for families of the victims in the Oklahoma City bombing to witness McVeigh's final minutes. However, the chances that anyone else will get a live viewing aren't good.
ENI argues that the media have a First Amendment right to televise events of significant public interest, such as the McVeigh execution. The group cites a host of language from Supreme Court opinions championing the right of free and open media access. Unfortunately for ENI, none of this language deals with a federal execution. Without any favorable legal precedent on their side, it is unlikely that the Indiana-based federal court charged with the case will accept the argument. Even if the case reached the Supreme Court, it appears extremely unlikely that a Court which refuses to televise its own proceedings--even in a case that decided the outcome of the most recent presidential election--would mandate that a federal execution be televised.
Thus, despite the efforts of ENI and the hopes of hundreds of Findlaw users, the execution will not be televised. And that is a very good thing, if for no other reason than that it would provide more fodder for the underground hate groups that wish to turn McVeigh into a martyr. In addition, televising this execution--the first one carried out by the federal government since John F. Kennedy was president--would be the epitome of moral decadence, plain and simple. Rather than serve the purpose of informing the public about matters of serious interest, it would be the equivalent of a snuff film, a peep show for the bloodthirsty voyeurs among us.
Indeed, voyeurism may well be one of the ingredients behind ENI's bizarre request. One of the main websites that ENI hosts is called VoyeurDorm.com--a live 24-hour/seven-day-a-week website where viewers can watch young college women do virtually everything.
ENI argues that televising the execution will allow the public to monitor the actions of government officials to ensure their compliance with constitutional rules. But federal law already provides for ten members of the media to attend the execution. If anything untoward were to happen, the officials are there to observe it and report it in order for the public to hold our government responsible. Democratic society does not depend on ENI feeding footage to every reality glutton with a modem.
What is especially noteworthy--besides the irony of a group named Entertainment Network donning the lofty mantle of the democratic free press--is how ENI proposed to present the execution telecast. In a letter to federal officials requesting broadcast permission, the group proposed to present it as an "adults-only" telecast. They would ensure that only adults watched by registering with monitoring software such as Net Nanny. In addition, they would require viewers to submit a credit card, charging a nominal fee of $1.95 to verify the card (ENI says all proceeds would go to charity).
Essentially, the execution broadcast would be presented in the same manner as that other Internet staple--pornography--with adults only, peering into their monitors for a peep show. One can even imagine McVeigh, as the needle slides into his arm, peering into the camera and asking the voyeurs on the other side, "Are you entertained?"
ABOUT JOHN W. WHITEHEAD
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.
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