The Medialantes in Our Midst
PerryScope
By Perry Diaz
October 13, 2006
In the mid-1800s, the western United States became notoriously known as the “Wild West.” Lawmen -- the
likes of Wyatt Earp and Wild Bill Hickok -- were battling the outlaws amongst which were Jessie James,
Billy the Kid, Doc Holliday, Butch Cassidy and the Sundance Kid. But a third group consisted of a different
breed of people. They’re the guys who took the law into their own hands and hunted down the outlaws and
people accused of crimes. They imposed their brand of justice by hanging them without due process of
law. This form of summary justice is known as vigilantism.
In 1782, Captain William Lynch authored “Lynch’s Law” which was the basis for an agreement he secured
from State of Virginia General Assembly allowing the punishment or execution of criminals in Pittsylvania
County without due process of law. “Death by hanging” became the lynch mob’s signature method of
punishment. Eventually, lynching became the popular device for meting out summary justice and its use
spread throughout the country, particularly the “Wild West.”
Lynching also became the method used by white supremacists to sow terror on African-Americans in the
Deep South after the Civil War. Anti-lynching legislation had been introduced several times in Congress for
the past 106 years but never became law. Although it passed the Lower House a few times, the Upper
House -- the US Senate -- was unable to muster enough votes to pass it into law due to a small group of
southern senators who successfully filibustered to stop the measures.
Today, a new breed of vigilantes has emerged operating behind the aegis of the Fourth Estate. Instead of
the hangman’s noose, they use the media to “lynch” people whom they believe were guilty of crimes, all in
the name of freedom of the press. They’re the “medialantes.”
In 1999, a Filipino publisher used his Northern California-based tabloid to attack the Consul General in
San Francisco for failing to arrange a private meeting with then President Joseph Estrada who was visiting
the city. Prior to that he also attacked a Catholic prelate in Northern California. Issue after issue, his tabloid
disparaged the prelate endlessly. Eventually, the publisher -- faced with a mounting backlash against his
other misdeeds -- left for the Philippines.
Last July, the ugly head of “medialantism” once again emerged from the murky bowels of black journalism.
A new newspaper came out with the slogan: “Honoring Filipino-Americans… One Issue at a Time.”
Beautiful. Finally, there is a Filipino-American newspaper that extols Filipino-American heroes. But to my
dismay, it was just another “Tik Tik” type of tabloid that cast a dark cloud on a group of respectable Filipino-
American community and political leaders.
The issue in question is a civil lawsuit filed by the City of San Jose, California, against the Filipino-American
Senior Opportunities Development Council, Inc., its CEO, and 100 John Does. It is a “complaint for breach
of written contract, negligence, fraud, conversion, imposition of constructive trust, and accounting.” Those
who are familiar with civil lawsuits know that it is not uncommon to include as many allegations as anyone
can in a complaint. Since civil lawsuits are judged according to preponderance of evidence, most plaintiffs
would tend to include additional charges in order to increase the defendant’s level of “liability,” which
translates to “monetary damage.” In a civil case, the defendant is either found “liable” or “not liable,” In a
criminal case, it is either “guilty” or “not guilty.” In the event that a civil lawsuit is settled out of court, which
typically is the norm, the plaintiff could demand a bigger monetary settlement based on the number of
allegations in the complaint.
When the maiden issues of the tabloid came out, they were also posted on their website and also on
various Internet forums. One reader commented that the defendants were guilty. Another reader said that
the defendants were indicted by a grand jury. It is not far-fetched for some readers to presume that a
criminal case was filed in court and that the defendants were found “guilty” by a “jury.” But nothing is farther
from the truth.
A grand jury is a panel of citizens that investigates alleged violations committed against the government.
This process eliminates baseless complaints and saves tax-payer money from prosecuting frivolous
cases. The grand jury would decide -- based on the evidence presented to them -- whether there is a
“prima facie” case against the accused. If so, an indictment is issued and a criminal case is filed in court.
There were rumors that a complaint was submitted to the San Jose grand jury. However, to date, it
appears that there is none. Usually, an indictment is filed by the grand jury before it adjourns. If the grand
jury adjourned without an indictment, that is the end of the case unless it is resubmitted to the next grand
jury the following year. A grand jury usually has a one or two-year term. Well, it has been more than two
years since these rumors started circulating. Today, there is no indictment yet.
But the sad part is that the defendants in the civil case have already been indicted, tried, found guilty, and
“lynched” by the medialante without due process of law. And the saddest part is that the whole Filipino-
American community is looked upon by the mainstream community with suspicion and disrespect. The
bottom line is: in the eyes of the mainstream community there is nothing that distinguishes Filipino-
Americans from one another. Whether we like it or not, we’re all in the same boat.
However, that does not mean to say that we should condone the misdeeds of members of our community.
Absolutely not. But we should let the court of law determine their guilt or liability. That is the only venue
where the defendants’ constitutional right of due process of law is applied… fairly and squarely. Let the
defendants have their day in court. That is the essence of democracy. And it is the responsibility of every
journalist to adhere -- without exception -- to the Journalist’s Code of Ethics.
(PerryDiaz@aol.com)
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