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Mary E Birnbaum's avatar

Deplatforming is a complex issue and an explosive one. I'm a poet, and my poems about my rape strip me naked. I have published a couple, which were treated with respect, and my only quibble is that at least one was received with an exaggerated respect, as if the crime defined me, the poet, not the quality of the poem. But the issues of sexual abuse, drugs, mental health, and what-have-you challenged by trolls aren't the deeper problem. We write about what moves us, not just pretty things like skylarks, or even existential questions. Things that threaten us or the world. This means writers write about political issues as well as personal issues that could potentially bring on attack. What would happen if the Supreme Court made a wonky decision about freedom of speech and the press that enabled attacks from every individual or group or government bureau feeling threatened by some writer's view? Maybe an unpopular view? A person perhaps having had an anaphaleptic shock that nearly killed them after a vaccine, and wrote a poem about it-and who knows what response--a pharmaceutical company, or the NIH-- attacked with both barrels? An essay or poem is not a law court, it is an expression of opinion and emotion and nuance. We appear to be on our way to having to put our anguish in code in order, like the ancient Chinese in imperial times, to dodge the Imperial Censor. Or, short of this, editors need to immediately form a protective group with liability insurance, or an agreement with the ACLU. Lit mags should then close ranks. This is the question: is freedom of speech worth fighting for?

Doug Jacquier's avatar

My answer to your question 'Should editors of special theme issues like this make sure they have the necessary legal knowledge and resources before accepting this sort of work?' is a clear 'Yes'.

I know nothing of the details of this particular case and I strongly endorse the principle of believing victims but publishing material that makes untested allegations against a clearly recognisable individual and/or contains potentially slanderous or libelous content is not the role of lit mags or any other publishers.

I believe verifiable truth should be the only defence needed against being sued for defamation. How a small lit mag could believe that they have the knowledge or the resources to mount such a case doesn't say a lot about their intelligence or their willingness to take responsibility for what they publish.

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