Law Professor: 24 Has Seeped Into National Debate On Antiterrorism Tactics

Sure, it's just a TV show, but a University of Iowa law professor says 24 can have real-world legal implications

"Ruminations on 24 would be just an entertaining diversion if it were not for the fact that the show has slowly seeped into the national debate on antiterrorism tactics," said Tung Yin, an expert on national security law who laments the fact that the writers' strike has likely killed off the current season before it even starts.

Yin points to such examples as Homeland Security Secretary Michael Chertoff, who has said that 24 "frankly, . . . reflects real life" in presenting scenarios with "no clear magic bullet to solve the problem," and to former CIA Director James Woolsey, who has said that 24 is "quite realistic" about the threats that it depicts.

And then there's the pop culture shout-out from former presidential candidate and U.S. Rep. Tom Tancredo, who said that if the government captured a would-be suicide bomber, "I'm looking for Jack Bauer at that point, let me tell you."

Yin said 24 is a useful tool to analyze the intersection of law and pop culture, to the point where he uses scenes from the show to illustrate points and generate discussion in a seminar he teaches on national security law. 24's conceit is well known by now-federal anti-terrorist agent Jack Bauer, played by Kiefer Sutherland, has less than 24 hours to track down bad guys intent on destroying America with assassination, nuclear weapons, viral releases and various other forms of mayhem.

One of the most controversial parts of the show is that Bauer frequently resorts to torturing the terrorists to get the information he needs, justifying it by saying he doesn't have time to find the information any other way if he's going to save the country once again.

As a fan, Yin enjoys the show's lightning pace and edge-of-your-seat plots. As a law professor, though, he's more troubled by its casual use of torture and shallow presentation of national security law.

"The relentless use of torture may be cathartic to some in the post-9/11 era, but it presents an unduly optimistic justification of torture," Yin wrote in his paper, "Jack Bauer Syndrome: Hollywood's Depiction of National Security Law." "Bauer may never be wrong about whom he tortures, and he may still be a basically decent human being, but there is little reason to believe that both factors will play out similarly in real life."

From a legal perspective, he said 24 justifies its torture with the "ticking time bomb" theory that argues torturing one person is acceptable if it's necessary to spare the lives of many more. But Yin said the show's portrayal of frequent torture is legally troubling because evidence suggests that torture doesn't work, and because it's against the law.

On top of that, Bauer never tortures the wrong person and he knows the torture will produce results, guarantees that can't be made in the real world.

"Even if we assume that government actors proceeded in good faith, there remains the possibility of making a mistake," he said.

He also worries the show's overly optimistic Hollywood view of torture could have consequences in the real world legal system.

"If a government agent were ever to be prosecuted for torturing a terrorist suspect and raised a defense of necessity, a jury influenced by 24 might demand that the agent had possessed the perfect information that Bauer regularly has," Yin said. "On the other hand, there is evidence that some military personnel have been influenced by the show to engage in more abusive interrogations. This shows the impact may well be greater acceptance of the 'necessity' for torture or other, slightly less coercive interrogation methods."

24 has also come under fire from various groups for its portrayal of Arabs as stereotypical crazy terrorists and Arab-Americans as not altogether trustworthy and sufficiently patriotic. Arabs or Arab-Americans have been the show's primary villains in three of its six seasons.

Yin said these criticisms are fair, though overblown.

"24 may not be as negatively biased as some critics complain it is," said Yin. "The terrorists are not always Arabs, and even in the seasons when the terrorists are Arabs, there are usually other, non-Arab villains as well. In addition, the producers appear at least cognizant of the fact that one-sided portrayals amount to little more than polemic; how else can one explain the sometimes heavy-handed inclusion of Arab-American characters who make speeches proclaiming their patriotism?"

He suggested the producers could improve its presentation of the terrorists by providing a better sense of their motivations, not for the purpose of justifying the terrorism, but to humanize them.

Yin presented his paper at the recent Association of American Law Schools conference as part of a panel sponsored by the organization's Law and Humanities Section. The article will be published soon in the Southern California Interdisciplinary Law Journal.

Featured

  • Integration Imagination: The Future of Connected Operations

    Security teams that collaborate cross-functionally and apply imagination and creativity to envision and design their ideal integrated ecosystem will have the biggest upside to corporate security and operational benefits. Read Now

  • Smarter Access Starts with Flexibility

    Today’s workplaces are undergoing a rapid evolution, driven by hybrid work models, emerging smart technologies, and flexible work schedules. To keep pace with growing workplace demands, buildings are becoming more dynamic – capable of adapting to how people move, work, and interact in real-time. Read Now

  • Trends Keeping an Eye on Business Decisions

    Today, AI continues to transform the way data is used to make important business decisions. AI and the cloud together are redefining how video surveillance systems are being used to simulate human intelligence by combining data analysis, prediction, and process automation with minimal human intervention. Many organizations are upgrading their surveillance systems to reap the benefits of technologies like AI and cloud applications. Read Now

  • The Future is Happening Outside the Cloud

    For years, the cloud has captivated the physical security industry. And for good reason. Remote access, elastic scalability and simplified maintenance reshaped how we think about deploying and managing systems. But as the number of cameras grows and resolutions push from HD to 4K and beyond, the cloud’s limits are becoming unavoidable. Bandwidth bottlenecks. Latency lags. Rising storage costs. These are not abstract concerns. Read Now

  • Right-Wing Activist Charlie Kirk Dies After Utah Valley University Shooting

    Charlie Kirk, a popular conservative activist and founder of Turning Point USA, died Wednesday after being shot during an on-campus event at Utah Valley University in Orem, Utah Read Now

New Products

  • PE80 Series

    PE80 Series by SARGENT / ED4000/PED5000 Series by Corbin Russwin

    ASSA ABLOY, a global leader in access solutions, has announced the launch of two next generation exit devices from long-standing leaders in the premium exit device market: the PE80 Series by SARGENT and the PED4000/PED5000 Series by Corbin Russwin. These new exit devices boast industry-first features that are specifically designed to provide enhanced safety, security and convenience, setting new standards for exit solutions. The SARGENT PE80 and Corbin Russwin PED4000/PED5000 Series exit devices are engineered to meet the ever-evolving needs of modern buildings. Featuring the high strength, security and durability that ASSA ABLOY is known for, the new exit devices deliver several innovative, industry-first features in addition to elegant design finishes for every opening.

  • Luma x20

    Luma x20

    Snap One has announced its popular Luma x20 family of surveillance products now offers even greater security and privacy for home and business owners across the globe by giving them full control over integrators’ system access to view live and recorded video. According to Snap One Product Manager Derek Webb, the new “customer handoff” feature provides enhanced user control after initial installation, allowing the owners to have total privacy while also making it easy to reinstate integrator access when maintenance or assistance is required. This new feature is now available to all Luma x20 users globally. “The Luma x20 family of surveillance solutions provides excellent image and audio capture, and with the new customer handoff feature, it now offers absolute privacy for camera feeds and recordings,” Webb said. “With notifications and integrator access controlled through the powerful OvrC remote system management platform, it’s easy for integrators to give their clients full control of their footage and then to get temporary access from the client for any troubleshooting needs.”

  • Camden CM-221 Series Switches

    Camden CM-221 Series Switches

    Camden Door Controls is pleased to announce that, in response to soaring customer demand, it has expanded its range of ValueWave™ no-touch switches to include a narrow (slimline) version with manual override. This override button is designed to provide additional assurance that the request to exit switch will open a door, even if the no-touch sensor fails to operate. This new slimline switch also features a heavy gauge stainless steel faceplate, a red/green illuminated light ring, and is IP65 rated, making it ideal for indoor or outdoor use as part of an automatic door or access control system. ValueWave™ no-touch switches are designed for easy installation and trouble-free service in high traffic applications. In addition to this narrow version, the CM-221 & CM-222 Series switches are available in a range of other models with single and double gang heavy-gauge stainless steel faceplates and include illuminated light rings.