Very well said.
The SRA lost any claims to rationality when they wanted to register Jessica Jones, who has powers, but doesn't wear a costume, go out on patrol or fight crime.
As it is being written, I can't imagine anyone being FOR the SRA. But a rational, logical SRA? Go for it.
Oddly enough, there's been a bunch of interviews where the writers acted all surprised that people seemed to respond to the story by favoring the anti-reg side. I can't imagine why. . .
As for the why this would even happen in the first place, well, I've considered the general non-super populace of Marvel Earth to be psychotically ungrateful and fanatically spiteful for some time. Really, if Annihilus blew up Earth, there'd be a net decrease in evil in the universe. . .
One thing I do wonder, where does the law draw the line between "Vigilante" and "Good Samaritain"? If Peter Parker is standing in line at his bank, and the Wrecker comes in to rob the place, sure he is within his rights to stop him? (Law Enforcement doesn't recommend it, but I can't see it being illegal. On the other hand, it is illegal to rush back into a burning building and create more work/endanger firefighters on the scene. Is "Interfering with an investigation" that broad?)
And what if Peter just happens to be passing by? Again, not recommended, but illegal? If he happens to be passing by, but in a fancy costume? (There are anti-mask laws on the books in many states, dating back to the Klan, which might trip him up. But the act of stopping the robbery is independant of any "mask crime", right? Is there "Aggravated Vigilantism"?)
What strikes me as the real interest of the law - and of the people protected - is whether or not Peter is willing to identify himself *in case there is a problem*. The classic Spider-Man/Batman gift wrapped crooks, "These are bad men, lock them up" would never happen because the police have no witnesses. And the hero is probably open to False Imprisonment charges. (Not yet done exlicitly in She-Hulk, IIRC.) But is it actually illegal for a Good Samaritain to leave the scene without identifying themselves? As long as they simply stop crime, but do not encroach on the State's power to arrest/imprison, are they OK from a legal standpoint? (I still assume that if they save the wrong person - a la "Incredibles" - or recklessly endanger the populace during a fight they are stilll liable. But that liability is imposed whether they give their name or not. A trained police officer acting on behalf of the State is still held individually liable, right? He doesn't get off scott free for a criminal act just because he is a cop, appearances not withstanding.)
(And who could support an SRA that was a "Get out of Jail Free" card, rule of law or no? "Sorry we blew up little Timmy's school, ma'am. But we are government agents now, so you can't sue. Piss off.")
"Why rake them over the coals for something done intentionally?"
Maybe because it's stupid even if done intentionally. For comparision, Joss Whedon likes to point out that he goes to great lengths to avoid making his villains idiots, with such results as in Firefly where you're not sure if the villains are even evil. I think that's a good thing.
The SRA is an idiot villain, set up so it can be knocked down and let the heroes save the day. It does not help comics grow as a medium.
The SRA lost any claims to rationality when they wanted to register Jessica Jones, who has powers, but doesn't wear a costume, go out on patrol or fight crime.
Jessica and Luke are a prime example of how the SRA has been depicted in an incredibly wonky fashion. In addition to the above, neither she nor Luke really has a secret identity. Everyone already knows Luke Cage's real name and what his power is, yet SHIELD sends a SWAT team to his home in the middle of the night anyway.
What strikes me as the real interest of the law - and of the people protected - is whether or not Peter is willing to identify himself *in case there is a problem*.
That's where I see the core concern too. You're right that there's nothing inherently illegal in stopping criminals; if there were, then the SRA wouldn't be necessary to take heroes into custody. Existing laws would do the trick.
It's the anonymity of doing it (especially in a mask), and refusing to disclose one's real name, that things get sticky. Imagine someone stopping a crime at a sci-fi convention, and when the police arrive, the heroic person refusing to share his real name or address or contact info. Instead, the person only gives his online handle, say 'Darkstar.' Regardless of how heroic he acted, the police won't consider that to be very cooperative.
As for police liability, police officers do possess certain levels of immunity for actions conducted in their official capacities. What is necessary to pierce that immunity changes with circumstances, but the fact that officers are almost never held liable for deaths resulting from botched seach-warrant raids should illustrate how strong the immunity generally is.
Wonderful piece Loren. One note, though: You ask, why vilify them for what is done intentionally?
I think the answer is that Civil War has been a series of broken promises. From the beginning the series has been marketed as honest and "unbiased." "We're not trying to pick a side here" has been almost a mantra among Marvel writers and editors.
That has only been exacerbated by the horribly disrespectful and clumsy analogies drawn by marvel between Civil War and Gitmo, WWII Internment camps and Pearl Harbor.
Of course, that is only the tip of the problematic Civil War iceberg, with the most frequent complaint being the broken characterization, constant delays and fragmented storytelling :O
"Regardless of how heroic he acted, the police won't consider that to be very cooperative."
What if 'Darksatr' isn't there when the police show up? What if he stops the crime (and we will presume in a responsible manner, since that is another post) and then fades back into the crowd? Certainly the police won't be happy about it, because the more witnesses the better, especially one so directly involved. But would it rise to an illegal act, "interfering with an investigation" level? Is there some form of "Leaving the scene of an accident" law for muggings and the like? (Again, Spider-Man webbing up the mugger for the police easily becomes false imprisonment. But simply stopping the mugger and leaving, like Superman stopping a tidal wave.)
I got back into comics several months ago, and at the time the idea of the whole Civil War "event" was pretty exciting to me. I thought "Wow, look at the meaty weighty issues comics are dealing with!" It had a lot of potential as far as I could see.
So I activated the obsessive completist side of my personality and went busily about gathering up all the Civil War issues. Thank God for the handy checklist! I'm not proud to admit some of the prices I ended up paying for some of the older issues, but it was fun at the time.
In retrospect, I suppose Civil War has been a success from the standpoint of giving me a broad overview of the current state of the Marvel U at a time when I'd been absent from comics for 20 years. I got introduced to some new titles thanks to all the cross-overs. It was a good way to get my feet wet again.
But Civil War has been a failure in realizing the potential I saw in it. In fact, starting with this week, I'm officially done with it. No more main title, no more Front Line, no more tie-ins.
At least it has been that jumping off point to return to comics as a source of entertainment, but now I'm more selective. I find the meaty weighty issues I wanted in some of the smaller independent publishers. There's so much great stuff I want to read out there that it's time to turn my back on Civil War. No hard feelings, House of "Ideas".
"And who could support an SRA that was a "Get out of Jail Free" card, rule of law or no? "Sorry we blew up little Timmy's school, ma'am. But we are government agents now, so you can't sue. Piss off.""
That's pretty much how it works every time a SWAT team goes to bust a nonviolent offender, goes to the wrong place, and kills a completely innocent person.
Which happens fairly often.
While I agree with Loren that in the real world, a super hero registration law could be enacted, there are a number of problems with the law in the Marvel Universe.
First of all, there is a 60 year precedent of having costumed heroes fighting crime. It's not a blank slate. So the heroes have an expectation of privacy. If the act provided that the government will not make you register if you no longer intend to act as a hero, that's probably OK, but, as noted above, it does not. On the contrary, if you have super powers, even if you have never used them as a costumed hero, you are required to register. So, the act is not regulating actions, it's regulating a status, which is problematic. And, of course, as noted by others, a hero does not have the right to stop acting as a hero to be forced to register (even if the government already knows the hero's identity).
The second issue is the privacy issue. Super heroes have secret identities to protect themselves and their loved ones. As far as I can see, the act does not ensure that a hero can maintain his secret identity if he registers. Obviously, the government will have to know, but how will the government protect the information it collects? Quite frankly, in light of the actions of SHIELD in Civil Wars I can see Maria Hill telling a registered hero with a secret identity that if he doesn't play ball with SHIELD, his secret could be compromised.
And that assumes that by registering with the government that the hero is not forced to work for SHIELD. The latest issue of She-Hulk seems to indicate that a hero can be drafted for service. Uh, there's a possible 13th Amendment violation right there.
I could go on (and I have in the Comic Book Rsources forums, but that's all I can take right now.
Wow. Thank you for one of the more insightful explanations as to why the Civil War just can't be taken seriously. Law is one thing, story is another.
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