I wrote this before the other thread was closed -- hence the references to Brown -- but it still expresses my thought on the defamation of individuals and groups through fiction. It can be and is done, and the consequences can, I think, be rather nasty.


Let me for a moment take a different example. As many of you may know, the CC has been involved in a scandal here in Boston (and elsewhere) dealing with its protection of pedophile priests and its failure to protect children from potential and actual molestation. This is an unfortunate fact. But assume for a moment that it were not a fact, that some journalist or novelist accused the archdiocese of moving and shielding pedophiles when the archdiocese had not done so, or accused innocent priests of child molestation, while claiming that many aspects of the false story were in fact “true,” thus bringing the archdiocese into disrepute and causing a major setback in fundraising necessary to further the charitable purpose of the church. (That this would happen is not hypothetical, as I the wake of the factual scandal, the CC has seen a major falling of in contributions.) I have no doubt whatsoever that in such a situation the CC could sue the journalist or novelist and would have a pretty good shot at winning. This is isn’t a First Amendment question, by the way; you’re allowed to say or write almost anything you damned well please, but you also have to be ready to accept the consequences.

From what I’ve said, I hope it’s obvious that I disagree with Jim’s stance. People are responsible for what they write. Those who write something false, claim that it is true, and cause damage should be required to make restitution. I have not read Brown’s book, as I do not generally read fiction, I have no take on whether the book is in fact harmful, but if what Brown claims is true is in fact a pack of lies and someone’s hurt, I say sue the man. I also say that if Brown said something like ’OD exists and I have used the organization as a basis for a purely fictional account that is not meant to suggest that OD has condoned (or committed) murder,’ the case becomes more difficult – even if that is what Brown meant to suggest.

Lee




Edited 1 time(s). Last edit at 11/28/2005 01:31PM by lobo-hotei.