Re: threat letters

On Thu, Jul 20, 2000, Rebecca Tushnet <tushnet[_at_]erols.com> wrote:
>
> Is anyone willing to share experience responding to threat letters
> in an online context? The situation is this: a large online archive
> of fiction (free for all to submit and read) -- with tens of thousands
> of stories -- contains one story that jokingly suggests harm to a
> popular children's fantasy character. The corporate owners of the
> fantasy character want the story removed. The archive owner doesn't
> want to set that precedent, since the story doesn't violate any
> submission guidelines. I would like to help the archive owner, who
> cannot afford a court battle, but I'm unable to figure out what tack
> to take.

The first question that comes to mind is what kind of site is this: who is the target audience. You can defend the First Amendment and still starve.

If your "large online archive of stories" has a target of children and is marketed to them, even if children are not the primary target audience, then consider pulling the story, strictly moderating the site, and begin (if not already) billing the site as children friendly. In this case, your reasoning for removing the 'offending' material is not to cave to the pressure of a corporate giant, but for the protection of children against possible inappropriate material (violence advocate).

If on the other hand, you are defending a library or repository of literature as an historical archives, where children are not too likely to frequent, you could send a kindly "thank you for your concern, we have reviewed your request, and have decided not to moderate ..." in response to the letter. In this case, the character owner, who presumably wants the story removed so that children won't read it a corrupt their opinion of the character, need have little worry because the site is not geared towards kids.

The key here is children. If you decide to protect press, you will loose children as a market audience, and invite additional "offending" material. If you decide to protect children, then beef up your guidelines and advertize the site as "family/children friendly", and encourage school districts throughout the land to set up links. If you try to have it both ways: an unmoderated site for children -- you'll soon starve.  

You suggest tens of thousands of stories with [only] one offending story -- I doubt it. More likely only one has been found. Give the character owner credit for searching the database and finding the offending story. One way or another, this site sounds like a great resource.

Good luck

Bill Kelley, wfkelle[_at_]aol.com Received on Fri Jul 21 2000 - 12:31:08 GMT