" ... In the last eighteen months, Antonin Scalia, one of the most influential judges in American history, has twice suggested that he would turn to a fictional television character named Jack Bauer to resolve legal questions about torture. The first time was in a speech in Canada, and the second, only three weeks ago, in an interview with the BBC. This is evidence of the unprecedented influence of a television program on one of the most important legal policy issues before our country today. And it is, or should be, very troubling.
Most of our discussion of torture has focused on the arena of policy formation and debate. We have seen the issues tackled from the perspectives of the law, of ethics and from a utilitarian stance. That is, we have had a focus on the discussion which has occurred in Washington, within the upper echelons of Government, the courts, Congress, major think tanks and the academy. But in this process we are ignoring the forum in which public opinion on these questions may well be settled: namely in the broadcast media.
[ ... ]
News coverage of the torture issue began in proper terms after the publication of the Abu Ghraib photographs. There were a handful of reports that predated this, such as notice of the first two deaths in Bagram Air Base. At the time the Abu Ghraib photographs appeared, I had completed a major study by the NYC Bar Association looking into legal standards governing interrogation practices. This study had been directly inspired by information the Bar had received from its JAG members to the effect that unlawful torture techniques were being used. Specifically, the following techniques were the focus of our concern: waterboarding, long-time standing, hypothermia, sleep deprivation in excess of two days, the use of psychotropic drugs and the sensory deprivation/sensory overload techniques first developed for the CIA at McGill University. Each of these techniques has a long history. Each had historically been condemned as “torture” by the United States when used by other nations. Each was clearly prohibited under the prior U.S. Army Field Manual. And each was now being used.
[ ... ]
The theme of torture is nothing new to Hollywood, of course, it has appeared in many forms, frequently in romanticized historical settings. But when it makes its appearance in connection with contemporary settings there are some consistent themes. As the World War II era propaganda poster says “Torture—The Tool of the Enemy.” We used torture to define the enemy and to separate the enemy from us. The use of torture by the enemy marked them. They were evil, intrinsically evil, because of their use of these techniques. Conversely, the victims were Americans or American allies. Torture killed or maimed, but it did not work. It was a sign of weakness. A good example of these themes and their development can be found in a series of World War II films, such as “13, rue Madeleine,” which was of course the address of the Gestapo in Paris during World War II.
[ ... ]
Whereas before, torture was the “tool of the enemy,” now torture is the tool of Jack Bauer. Its use is a heroic act of defiance, often of petty bureaucratic limitations, or of conceited liberals whose personal conscience means more to them than the safety of their fellow citizens. While Bauer is presented as an ultimate heroic figure (and also a figure with some heroic flaws), those who challenge use of the rough stuff are naïve, and their presence and involvement in the national security process is threatening. We see a liberal who defends a Middle Eastern neighbor then under suspicion, and who winds up being killed because the neighbor is in fact a terrorist.
We're looking at a Hollywood specialty: a “reality” show which is divorced from reality. It grossly simplifies necessarily complex facts, and it pares away critical factors which a responsible citizen should be thinking about. But more importantly, perhaps, it is a head-on attack on morality and ethics. The critics of torture are shallow figures, self-serving politicians—vain, arrogant, indifferent to the harm they are doing to society. But in fact the arguments against torture are profound and informed by centuries of human experience and religious doctrine. Torture has in the course of the last two hundred years emerged as an intrinsic evil in Christian teaching; the teaching of most churches—protestant, Catholic, Evangelical—rejects the idea that a state can ever legitimately employ torture.
[ ... ]
We should start with a frank question: was “24” been created with an overtly political agenda, namely, to create a more receptive public audience for the Bush Administration's torture policies? I think the answer to that question is now very clear. The answer is “yes.” In “Whatever It Takes,” Jane Mayer has waded through the sheaf of contacts between the show's producer, Joel Surnow, and Vice President Cheney and figures right around him. There is little ambiguity about this point, namely, if the torture system introduced after 9/11 can be traced back to a single person, it is Vice President Cheney. He pushed relentlessly for use of the tools of the “dark side,” and he ruthlessly took out everyone who stood in his way. He also worked feverishly to disguise or cloak his intimate involvement in the entire process. I take it as a given that Surnow is working to develop public attitudes which are more accepting of torture; to overturn centuries-old prejudices against torture. He is a torture-enabler. ... "
~ from How Hollywood Learned to Stop Worrying and Love the (Ticking) Bomb ~
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