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19 Nw. J. L. & Soc. Pol'y 1 (2023)

handle is hein.journals/nwjlsopo19 and id is 1 raw text is: Copyright 2023 by Brie D. Sherwin Volume 19 (Fall 2023) Northwestern Journal of Law and Social Policy Hocus Pocus: Modern-Day Manifestations of Witch Hunts Brie D. Sherwin* ABSTRACT Witch hunts have never been about facts or evidence; rather they are about beliefs often fueled by fear. Witch hunts of the past persecuted the powerless- typically women or those who did not fit into societal norms. More recently, the term witch hunt has reappeared with great fervor in the political arena, used by the powerful to generate fear that serves a distinct political narrative that those in power are the true victims. Tweets, sound bites, and political speeches rife with accusations of a witch hunt reflect a modern usage which has served to delegitimize the historical context of the term. This Article argues that this modern use of the term witch hunt is a misappropriation of what has long been used to describe illegitimate hunts of marginalized groups of people, implicating roles of gender, race, and power. This misuse is happening all while subversive, carefully veiled witch hunts are occurring in cleverly disguised legislation and litigation, supported by anecdotes and spectral evidence, and aimed at affecting the rights of historically oppressed groups of people based on their gender and race. This Article aims to remind the reader of what a witch hunt looked like in colonial New England and to propose that witch hunts are still alive today - not in the political arena, but in the legal one. Law cannot stand on conspiracy theories or perversions of truth shaped to fit a narrative, fueling fear, and resulting in the need to find a scapegoat. For as we've seen in the Salem witch trials, without a legal system rooted in reliable evidence and based on verifiable facts, a society can crumble. Keywords: witch hunt, gender, race, scientific evidence * Dr. Brie D. Sherwin is the Glenn D. West Endowed Professor of Law at Texas Tech University School of Law and holds both a J.D. and Ph.D. in Environmental Toxicology. Dr. Sherwin is grateful to Rachel Christ-Doane and Jonah Hoffmann with The Salem Witch Museum and Dr. Kathy Austin-Beltz for their guidance in her research and for their partnership, as well as Professor Emerson Baker at Salem State University for his recommendations as she began her research, and her student research assistant Austin Heinisch for his assistance. The author also wishes to credit the Salem Witch Museum for their innovative work and exhibit on the concept of a witch hunt, which inspired her to write this article - specifically their use of the formula: fear + trigger = scapegoat, which the museum has been presenting to its visitors since 1999. Although the author utilizes this formula as part of her analysis, her conclusions in this article do not necessarily represent opinions or views of the Salem Witch Museum. Finally, the author wishes to thank the Texas Tech Law School Foundation for its generous support.

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