Transcript
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Amazon Representative (0:25)
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Monday.com Representative (0:51)
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Will K Back (1:21)
To use Good morning, good afternoon and good evening and welcome to the Tangle Podcast. I'm Senior Editor Will K Back. I'm filling in for Executive Editor Isaac Saul today to bring you a special Friday edition. Isaac is traveling back to the east coast from West Texas today, so he is on the road this morning and not able to record the podcast. So I'm stepping in and I will be reading his essay that he published in the newsletter today which is titled why Due Process Still Matters. This is a personal essay written by Isaac, so I'll be reading it in the first person. A few weeks ago someone made a defamatory post about me on a forum of my peers. The post accused me of, quote, manufacturing consent for mass murder in Gaza, being a quote, stenographer for the military industrial complex, and quote, using fabricated sources to write about a non existent Uyghur genocide in China. I'm an ultimate Frisbee player and this person had made the post anonymously in a niche Reddit forum for ultimate players, effectively slandering me to a community of people I interact with on a daily basis. In my personal life, it didn't matter that none of it was true. For the record, I'm a frequent critic of the military industrial complex, have repeatedly called for a ceasefire in Israel, have never fabricated a source in my life, and believe the persecution of Uyghurs in China is very real but the post picked up a few comments and the author got to plant a seed of doubt about me to my friends and my community. In this case, I opted not to respond. The post got little traction and it was eventually taken down for violating the rules of the forum where it was posted. So the stakes were pretty low. But it's still a stomach turning, infuriating experience to be accused of something you're innocent of. It would have been even worse if I didn't have the ability to respond to said allegations. When the stakes are higher, when the consequences are, say, being deported from the country you live in, separated from your family, or sent to a maximum security prison, I imagine nightmare is a wholly insufficient description. Of course, most of us like to imagine that we can defend ourselves from false accusations leveled against us, that the world is just and truth will prevail. In particular, if you're living in the Western world in 2025, you'd be forgiven for thinking that due process is some kind of inalienable right, not something granted by the government. But the chilling truth is that due process rights don't exist everywhere. They're applied inconsistently, and even in the most democratic and free societies like ours in the US they can become relics under the wrong circumstances. Indeed, the concept has been and continues to be hotly debated. Before we turn to the present, I think it's worth remembering why due process exists at all. Much of the foundation of our conception of legal rights comes from the Magna carta, an enduring 13th century document in which King John of England pledged to act in accordance with the law and promised that his people would be given basic procedural legal rights in the United States, the Fifth Amendment was ratified with the Bill of Rights in 1791 and carries on the bulk of the Magna Carta's legal provisions, declaring that, quote, no person shall be deprived of life, liberty or property without due process of law. In 1868, the 14th Amendment further assured that due process rights extended to the state level, not just the federal While a great deal of scholarly debate continues over how narrow the scope of the Fifth Amendment was or is, and whether the 14th Amendment was or wasn't necessary, that's the conventional understanding of how those amendments came to be.
