Brnovich v. Democratic National Committee (Additional Concept: Mediation & Speech Communities)

    Brnovich v. Democratic National Committee will be one of two cases that I will be utilizing to demonstrate the role of the law in democratic backsliding. Still, it is essential to note that this is only one of the hundreds of cases that could be used to demonstrate the hidden power that the law has in driving each and everything that occurs in our society.  This case will focus on voting rights.

    In addition to the concepts of law & ideology, this post will also look into the concept of mediation and speech communities. Mediation, as defined by Alexander Dent, refers to a channel or betweenness as well as the individuals and institutions that act as a channel or connection to provide information and language (Dent, Week 10). In essence, mediation enhances the connection between the language used by individuals. Debra Spitulnik addresses this in her piece, The Social Circulation of Media Discourse and the Mediation of Communities, where she emphasizes the importance of media and mediation in the creation and existence of speech communities. She focuses primarily on mediums such as radio shows or songs and the essential role they play in creating shared points of reference for conversation. She culminates this argument in her claim,  "As a far-reaching, ongoing, public communication form—which is itself a constant reanimator—radio broadcasting has the potential to magnify, and even create, this "socially charged life" of certain linguistic forms" (Spitulnik, 182). This postulation of the function of language has incredible relevance to the field of law in two ways. One, the incredible mobility and connecting force that language used via media innately hold can, in some views, point out what the law so often lacks in achieving its progress and legitimacy. Second, this postulation of language points out the incredible role that mediation and speech communities can have in shaping public opinions surrounding concepts such as the law and democracy; For example, NPR up first is a well-known and well-loved, which in my opinion, plays an incredible role in U.S. society and creating a speech community around important topics occurring in the world such as voting rights for example.  

    Brnovich v. Democratic National Committee is a 6-3 decision decided in July of 2021 which has become a landmark case because of the implications it has had on democracy. Brnovich v. DNC upheld two voting rights restrictions put in place in the state of Arizona (Supreme Court of the United States of America). The first restriction involved a regulation that requires out-of-precinct ballots to be discarded, and the second restriction barred anyone except for the voter themself from turning in early or mail-in ballots. In a greater sense, this decision represents one of the most powerful institutions in the united states, willfully attacking some of the primary principles of democracy. The upholding of these restrictions, which are notably driven by partisan interests (specifically interests commonly found on the right), will and have made it incredibly difficult to expand the breadth of voting rights. For many, it is also evident that this restriction on voting rights is arguably coupled with the Supreme Courts' interest in subordinating racial equality in this decision. This decision undeniably will have a much more profound effect on groups that are objectively composed of racial minorities because long-term oppressive treatment by the state has forced large populations of these minorities to be in positions where voting is not convenient or even plausible for a multitude of reasons such as the need to work when polls are open. 

    What is interesting about this decision is the role that media and mediation have had in combating the limitations of the customary understanding of the law. The internet has objectively increased the frequency of channels that exist between groups to create discourse about issues happening in the world. In one sense, this has led to an increase in partisan language and division. However, in a more optimistic sense, the channel the internet has created has opened the door to creating meaningful speech communities that address important issues facing our world, such as voting rights restrictions. I will again reference NPR and the abundance of incredible podcasts that they produce, which have a loyal following, which has resulted in the increase in the discussion surrounding topics that they mediate. According to a 2020 Statistia report, roughly 28 million Americans tune into NPR. That is an incredible number of people, who can have an incredible power to shape the world. Though it is indirect, the increase in discourse that challenges the behavior and language used by institutions that uphold US law has led to the kind of activism that can bring real change to our government. 

    Though this case marks an alarming attitude amongst US institutions against democracy, mediation and speech communities are playing an important role in working against this undemocratic behavior and it is important that we engage with and encourage these important channels of communication in our society. 


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