The Court of Public Opinion

Bruce Schneier has an excellent post on his blog regarding the court of public opinion:

Now it's being used more deliberately, more often, by more and more powerful entities as a redress mechanism. Perhaps because it's perceived to be more efficient or perhaps because one of the parties feels they can get a more favorable hearing in this new court, but it's being used instead of lawsuits. Instead of a sideshow to actual legal proceedings, it is turning into an alternate system of dispute resolution and justice.

Part of this trend is because the Internet makes taking a case in front of the court of public opinion so much easier. It used to be that the injured party had to convince a traditional media outlet to make his case public; now he can take his case directly to the people. And while it's still a surprise when some cases go viral while others languish in obscurity, it's simply more effective to present your case on Facebook or Twitter.

Another reason is that the traditional court system is increasingly viewed as unfair. Today, money can buy justice: not by directly bribing judges, but by hiring better lawyers and forcing the other side to spend more money than they are able to. We know that the courts treat the rich and the poor differently, that corporations can get away with crimes individuals cannot, and that the powerful can lobby to get the specific laws and regulations they want -- irrespective of any notions of fairness.

It's becoming more apparent that individuals are losing faith in the state's court system. This point is being made more often as people turn to alternatives such as seeking public opinion or taking action directly. Land owners and environmentalists have blockaded the Keystone XL pipeline, in part, because they don't believe the courts can be trusted since the oil companies have deep enough pockets to effectively buy a verdict in their favor. People have begun to create alternatives to the state's courts, effectively returning to a system of private law, in order to fulfill their needs. This trend is likely to continue as the state's court system becomes more overtly corrupt.