Boston Legal, Season 4
Episode: Attack of the Xenophobes
SOURCE
In Judge Clark Brown's courtroom. Clarence is on the stand as the video of him on YouTube is playing. Attorney Michael Eaves clicks a remote to stop the video.
Judge Clark Brown: Outrageous!
Attorney Michael Eaves: Mr. Bell, the footage fairly and accurately depicts what happened doesn't it?
Clarence Bell: Yes. But it doesn't tell the whole story.
Attorney Michael Eaves: Have you gone out in public dressed as a woman before?
Clarence Bell: Yes.
Attorney Michael Eaves: In fact you once joined an All-Girls Gym. Isn't that correct?
Clarence Bell: Yes.
Attorney Michael Eaves: You recently signed up for a singing contest in drag. You've gone to work in drag.
Clarence Bell: But that moment, without context makes me look...like...
Attorney Michael Eaves: You're a lawyer.
Clarence Bell: I am.
Attorney Michael Eaves: Are you familiar with Section 230 of the Communications Decency Act?
Clarence Bell: Yes, but...
Attorney Michael Eaves: It expressly protects on-line services from defamation arising from material posted on their sites by individuals.
Carl Sack: Your Honor! This was an extremely embarrassing event aired world-wide, on a web site, absent the context that occassioned it.
Judge Clark Brown: The footage depicts what happened. So where's the damage?
Carl Sack: Your Honor. Think of it. We've all had a meltdown or two. A mortifying episode of some sort. Typically we're allowed to live those moments down. But now, thanks to the internet, we can't. Suppose...
He lifts the small video camera in his hand as he walks toward the judge...I taped you as Justice Bubblehead?
Judge Clark Brown: Put that thing down!
Carl Sack: How would you like to be defined...
Judge Clark Brown: Put it down this instant!
Carl Sack:
He puts the camera down. My point is life's little embarrassing moments are now having far-reaching and more devastating consequences. If the day has come that we are going to be publicly and globally shamed by our foolish missteps then the laws of defamation should keep pace. Certainly when these Tort Laws were drafted, the legislators never contemplated You Tube.
* * * * * *
In Judge Clark Brown's courtroom. He comes in wearing a red helmet again. He motions for everybody to sit.Judge Clark Brown: Alright. First off, I will have no comment about my modified head gear. Truth is always a

complete defense against defamation. That's the law. But I am mindful that a 30-second video blog without the proper context do not always capture the truth. I'm also mindful that we live in a video world now where every Tom, Dick and Harry with a cellphone is a de facto cameraman. And via the internet, a distributor. Maybe current Tort Laws do need adjusting. But right now, as they are written, they offer no remedy to those who may be humiliated by this. The case is therefore dismissed. As a footnote, if anybody in this room did take footage, movie or still, of me in my headgear, you are hereby enjoined from posting it anywhere.
He rises. We are adjourned.
As he gets down from the bench, he stumbles on the step down and falls flat on his face. The guard helps him up. I'm okay.
x x x
Carl Sack: I think the best for us all to remember is: if you're out in public, assume the cameras are watching.
* * * * *
This came to mind after reading a particular blog post a few hours ago where human frailty was subjected to scrutiny under a magnigying glass.
I am not saying that what was written in that blog entry was incorrect. On the contrary, it is, in all points, absolutely right. It, however, makes second chances and learning from past mistakes difficult.
We are all evolving and have, in fact, evolved, mostly because we have learned from our mistakes. Life is beautiful that way - it gives you another shot to redeem yourself over and over and over...until you get it right. It is hard enough to admit that one has erred (or has had a meltdown or two), all the more is it difficult to try to make things right when you have been prejudged...publicly.
Certain people make it their mantra to rub it in your face how wrong you were. And certain blogs - they propagate too much hate. So vindictive.
To err is human. We should provide enough leeway for others to live those moments down.