There’s been a TON of media attention and online chatter surrounding the Johnny Depp / Amber Heard defamation trial. And who could blame us? We’ve seen videos with quick cuts and fun music making fun of the lawyers and their use of “hearsay.” We’ve seen stories that seem insane, like how Heard apparently admitted to putting human feces in the couple’s shared bed. We’ve seen a flurry of media coverage, highlighting story after story of what seems to be a pretty tumultuous relationship.
Many of us (myself included) have found ourselves at some point getting wrapped up in this. And it’s not because this has any sort of impact on us or our community. I think it has a lot more to do with our natural human attraction to stories. We love the absurdity and novelty of it all.
But, stories can’t necessarily be proven. We do the best we can, take words and testimony into account. But, one perspective isn’t enough. Stories may give us a peek into the house, but unless we get a key, we don’t know what’s in there for sure.
I bring all this up because it offers a great example of something that I think is incredibly important for our overall media habits and everyday interactions with others: we should try to focus more on the actions people take and less on the words they speak.
None of us truly know all that was said or done during the Depp / Heard relationship, for example. But all the attention given to this situation is encouraging many of us to take a side, which as I’ve said before, is problematic. We’re forced to choose because we only have stories to work with. Which stories you find more believable depend entirely on your own history, beliefs and biases.
The other thing that happens when we focus too much on words and not enough on actions, is that we get distracted from the really important things that are all around us. If we choose to take people at their word, we often don’t challenge things when we need to, because we don’t have the truth to work from.
The latest example of this came last week, with the leaked draft opinion overturning Roe v. Wade. Five Supreme Court justices agreed in overturning the landmark decision that provides the right to abortion nationwide. That was one action (note: the final decision will come in June).
Now, let’s compare the words (from their confirmation hearings, quotes from NPR) against some of the actions taken by these five justices:
Justice Clarence Thomas
1991 (words):
"I can say on that issue (abortion) and on those cases I have no agenda. I have an open mind, and I can function strongly as a judge."
1992 (action):
Thomas joined the dissent in Planned Parenthood v. Casey, the case that not only reaffirmed abortion rights under Roe v. Wade, but also added a new “undue burden” standard for reviewing state laws restricting access.
Justice Samuel Alito
2006 (words):
"Roe v. Wade is an important precedent of the Supreme Court. It was decided in 1973, so it has been on the books for a long time. It is a precedent that has now been on the books for several decades. It has been challenged. It has been reaffirmed. But it is an issue that is involved in litigation now at all levels."
2007 (action):
Alito joined the majority (with Thomas and Chief Justice John Roberts) to uphold a federal statute outlawing partial-birth abortions. The ruling said this law did not violate the Constitution.
Justice Neil Gorsuch
2017 (words):
"I would tell you that Roe v. Wade, decided in 1973, is a precedent of the United States Supreme Court. It has been reaffirmed. A good judge will consider it as precedent of the U.S. Supreme Court worthy as treatment of precedent like any other."
2013 (action):
As District Court Judge, Gorsuch affirmed the right for Hobby Lobby to not offer its employees health insurance that includes birth control, which goes against the Affordable Care Act.
Justice Brett Kavanaugh
2018 (words):
"It is settled as a precedent of the Supreme Court, entitled the respect under principles of stare decisis. The Supreme Court has recognized the right to abortion since the 1973 Roe v. Wade case. It has reaffirmed it many times."
2017 (action):
Kavanaugh voted against and wrote a strong dissent arguing against an undocumented teenager’s wish for an abortion, who was immigration detention at the time.
Justice Amy Coney Barrett
2020 (words):
"Roe is not a super-precedent because calls for its overruling have never ceased. But that doesn't mean that Roe should be overruled. It just means that it doesn't fall in the small handful of cases like Marbury v. Madison and Brown v. Board that no one questions anymore,"
2012 (action):
Coney Barrett signed a letter criticizing the Affordable Care Act’s exemption for religious employee to opt out of abortion coverage in health insurance.
Now, many have accused the justices of lying under oath, including New York Senator Kirsten Gillibrand. Maine Senator Susan Collins said she supported the nomination of Brett Kavanaugh because he told her he believed it was “settled law.”
And this is why we need to look at actions above words. Everyone is lying to us. Or at the very least, everyone can lie to us.
"Let's be clear: This is not as simple as Judge Kavanaugh saying that Roe is settled law," said Minority Leader Chuck Schumer. "Everything the Supreme Court decides is settled law until it unsettles it. Saying a case is settled law is not the same thing as saying a case was correctly decided."
In the end, did the justices lie or not? And, does it even matter?
Because much like the Depp / Heard trial, the only things we know for sure are the actions. Everything else, is well, just hearsay.
Rose / Thorn / Bud
What has caught my attention this week
Rose (the good)
When actions are stronger than words, you don’t even need to speak at all.
Thorn (the bad)
While we’re talking about words, watch out for this common framing in news stories, pointed out by NYU Journalism Professor Jay Rosen:
If you see this, it means the journalist likely didn’t have enough time to really figure out a satisfying answer to the question. So, we’re only looking to words then.
Bud (what I’m looking ahead to)
There sure has been a lot of chatter around student loans lately, with Biden Press Secretary Jen Psaki saying Biden “would make a decision about any cancellation of student debt before the conclusion of that pause on student loans.” That date is set for Aug. 31.
Will the Biden administration cancel debt for some borrowers? Will we see enhanced or improved loan forgiveness programs? Or, are these all words with no action?
Weekly Recommendation
Because we’re talking about actions this week, I have two websites you should bookmark, so you can track the actions of your elected officials in Congress.
First, GovTrack.us is a great place to keep tallies on how your representatives and senators are voting.
Then, to keep track of money in politics, including industry and lobby influence, OpenSecrets.org is the place to go. This information can help arm you with the context needed to understand decisions being made.
Thank You!
Thanks for reading. Send ideas, tips, thoughts to higherthinking@substack.com. Follow me on twitter @imnoahglick. And if you want to support this work, feel free to venmo or paypal me a couple bucks to keep the coffee flowing.
Podcast versions of this newsletter will be available in the coming weeks.
Be good to each other!
Cheers,
Noah