The point is that courts are ill-equipped to deal with people like Alex Jones, and people like Alex Jones are ill-equipped to deal with courts. Jones’ catastrophic testimony in his own defense illustrates this. Jones struggled to fit his bombast within the framework of the law, within the distinction between fact and opinion. It’s a bad fit because that’s not how he uses words. If Jones had been honest — an utterly foreign concept to him — he might have said “I just go out there and say what I feel.” The notion that Sandy Hook was a hoax is a word-painting, a way of conveying Jones’ bottomless rage at politics and media and modernity, and he can no more defend it factually than Magritte could defend the logical necessity of a particular brushstroke.
It’s fit that Alex Jones is held accountable for the impact of his words. He used false statements of fact to paint his picture, and those false statements of fact caused harm. But I suspect that a vast judgment against Jones won’t have much value as a deterrent or proclamation of truth. Jones is loathsomely rich because people want to consume his art. His landscapes of hate and fear and mistrust resonate with a frightening number of Americans. The people who enjoyed his Sandy Hook trutherism didn’t enjoy it because it was factually convincing or coherent; they enjoyed the emotional state it conveyed because it matched theirs. The plodding technicalities of law are probably inadequate to change their minds.
Defamation cases like this one — or Dominion’s case against Sidney Powell, or the parade of defamation claims against Trump — are just, and it’s just that the victims receive compensation. But they don’t solve the problem. America can survive the demagogues themselves, it’s their audience that will kill us.
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