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Q&A How to deal with moral/legal subjects in writing?

In your comment to @tryin, You say "It is a non-debated social perception the character would be fighting." I am not a lawyer but I believe in the USA at least, and possibly elsewhere, there actua...

posted 5y ago by Amadeus‭  ·  last activity 5y ago by System‭

Answer
#4: Attribution notice removed by user avatar System‭ · 2019-12-19T22:13:50Z (almost 5 years ago)
Source: https://writers.stackexchange.com/a/46514
License name: CC BY-SA 3.0
License URL: https://creativecommons.org/licenses/by-sa/3.0/
#3: Attribution notice added by user avatar System‭ · 2019-12-08T12:24:53Z (almost 5 years ago)
Source: https://writers.stackexchange.com/a/46514
License name: CC BY-SA 3.0
License URL: https://creativecommons.org/licenses/by-sa/3.0/
#2: Initial revision by (deleted user) · 2019-12-08T12:24:53Z (almost 5 years ago)
In your comment to @tryin, You say "It is a non-debated social perception the character would be fighting."

I am not a lawyer but I believe in the USA at least, and possibly elsewhere, there actually are some of these that you can get into trouble for; should your work be judged child pornography for example, or thinly disguised fiction promoting violence against sitting politicians, or promoting the murder of people in a certain profession like abortion providers or defense attorneys. Or promoting violence against a \*\*class\* of people, like gays, blacks, illegal immigrants, etc.

I also believe that when it comes to fiction, there are laws of intent when it comes to identification: So if you intend to argue some politician should be assassinated, it makes no difference what you name your character, if a jury agrees that your description of this character and their actions is _intended_ to portray a real-life individual and can't mean anybody else -- they can hold you liable.

But I am not a lawyer, if you want to argue for breaking some existing law that prevents physical violence or retaliation, I'd get it vetted by a lawyer, or a publisher's lawyer. If you actually are arguing against laws like the speed limit or caps on interest rates or even prostitution (which is legal in many modern countries) that don't harm specific identifiable people, my guess is you are fine, there are no specific victims or classes harmed.

If you intend to self-publish, I'd consult an attorney first.

#1: Imported from external source by user avatar System‭ · 2019-07-09T10:43:52Z (over 5 years ago)
Original score: 5