Why Lawyers, Journalists And Bloggers Use The Small Pen*s Rule
Defamation is the communication of a statement that is implied to be factual and gives an individual, business, product, group or government a negative image. Libel is defined as defamation by written or printed words and pictures. For a statement to be defamatory on the Internet it must be a fact. By definition, opinions posted on the Internet cannot be called defamation in a court of law. You may wonder why you don’t see more high profile Internet defamation lawsuits. This is because the process is impacted by the previously mentioned Streisand Effect. When a person makes a public claim of defamation, the information is guaranteed to be 100% true and the lawsuit will be spread over the Internet.
The small penis rule is a literary technique that is used to evade libel lawsuits. In writing novels, one way an author can protect themselves when mirroring a real life personality is to give the character a small penis. The theory goes, who is going to come forward and say, “That character with a very small penis, that’s me.” In 2006, news journalist Michael Crowley accused author Michael Crichton of using the small penis rule against him. Crowley says that Crichton was upset because of an unflattering review he published about his novel, State of Fear. In response, Crichton included a character named “Mick Crowley” in his book, Next. In the novel, Mick Crowley is a child rapist, described as being a Washington-based journalist and Yale graduate with a small penis.