The small penis rule: How authors use a crude legal strategy to avoid libel lawsuits
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Summary
This article explains the "small penis rule," an informal legal strategy used by authors to protect themselves from libel lawsuits when writing fictional characters based on real people. The rule, described in a 1998 New York Times article, suggests that authors can avoid defamation claims by attributing a small penis to a character, as no man would willingly admit in court that the description applies to them. The article traces the concept's origins, discusses its legal basis in the "incapable of identification" defense, and notes its use by authors like Salman Rushdie and Michael Chabon.
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Hacker NewsThe small penis rule: How authors use a crude legal strategy to avoid libel lawsuitsen.wikipedia.orgKey quotes
· 3 pulledFor a fictional portrait to be actionable, it must be so accurate that a reader of the book would have no problem linking the two.
One way authors can protect themselves from libel suits is to say that a character has a small penis, Mr. Friedman said. 'Now no male is going to come forward and say, That's me — that character with a small penis.'
The small penis rule is an informal strategy used by authors to evade libel lawsuits.
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