Why should I not be allowed to write the above?
Uhhmmm... Because you pretend that this fiction is fact ? Lying ? Slander ?
I mean, what makes you think that *you* have the right to include 'real' people into your fake fictional works ?
Indeed. Mixing fact and fiction is quaintly known in civilized societies as lying. Making up a genre called "historical fiction" doesn't change the simple fact that Hilliard is being dishonest -- saying things about a real person that he knows are untrue. If his sincere intent was "literary criticism" as his lawyers now claim, then he would have written an essay, not a novel. They're entirely different categories of prose and I hope the court can appreciate that "fictionalizing" events of real people's lives is not literary critique, it's literally lying. And if any of the made-up events are in any way insulting, it's slander.
Very true... Mod parent up, please.... ?
Surely the burden of proof is on those who want to restrict such rights.
Hahahaha! No. If you dream up fictional stuff on someone/something, and pretend that it is 'factual', then the burden of proof of that is on you, pal.
Fine. The next time one of the Rambo/Red Dawn-sort of US movies will come out, have the directors get a permission from the Communist Party of Russian Federation. Because, like, the CPSU (and its descendants) can manage their own publicity.
I have absolutely no problems whatsoever with 'factual' works... Just with 'fictional/imaginary' works
It would feel odd if my real life character had less legal protection than a fictional character I create.
A 100 % percent agreed...
"There is no distinctly American criminal class except Congress." -- Mark Twain