Lena Dunham, who apparently is famous for a HBO show I haven't watched, has a memoir out. I don't approve of 28-year-olds having memoirs unless and until they have been shot for advocating for the downtrodden or something, but Ms. Dunham is hardly the first to commit this minor sin.
Here's how "Truth Revolt" characterized quotations from the memoir:
In the collection of nonfiction personal accounts, Dunham describes using her little sister at times essentially as a sexual outlet, bribing her to kiss her for prolonged periods and even masturbating while she is in the bed beside her. But perhaps the most disturbing is an account she proudly gives of an episode that occurred when she was seven and her sister was one.
You can read the subsequent quoted passage for yourself.
Now Ms. Dunham has, according to Truth Revolt, threatened them with a lawsuit and demanded that their post be taken down. Ben Shapiro, author of the pieces, has not yet responded to our request that he post the threat letter. So we only have his word that Ms. Dunham made this demand and threat. However, I submit that Mr. Shapiro has a certain amount of credibility on the subject of overheated reactions to things.
If Ms. Dunham is alleging that the original Truth Revolt article about her is defamatory, she is wrong — unless it has deliberately and extensively misquoted her book. Truth Revolt has admitted that the article originally and incorrectly said that she was 17, not 7, when one of the incidents described took place. But absent proof that Truth Revolt made that misstatement intentionally, that's incompetence, not the actual malice required to prove up defamation of a public figure like Ms. Dunham.
Truth Revolt's characterization of Ms. Dunham's memoir is not defamation. It's classic opinion based on specific disclosed facts. You might think that Truth Revolt's interpretation of Dunham's stories of her conduct with her sister is irrational, or unfair, or politically biased, or cruel. That doesn't make it defamatory. If I linked to one of Ben Shapiro's articles and said "this article proves that Ben Shapiro is a secret lizard person sent by Obama to discredit conservatives," that wouldn't be defamation either. It might be crazy, but it's my statement of opinion based on Shapiro's own words. If Truth Revolt had said "people have told me that Lena Dunham molested her sister" or "I have reviewed documents that suggest to me that Lena Dunham molested her sister," that would be different — that would be a statement of fact, or a statement of opinion based on undisclosed facts.
So: Ms. Dunham will fail, sooner or later, if she sues over this article. Her threat, and her reaction to the coverage, are likely to trigger the Streisand Effect, driving orders of magnitude more eyes to the characterizations of her memoir. She's media-savvy enough that I can't help but wonder whether that's her intention in the first place. It will sell books.
I haven't read the memoir and have no plans to do so. I find some of Dunham's descriptions of her conduct (as quoted) creepy and unsettling. But I also think that classifying a seven-year-old's behavior as sexual abuse is, at least, problematical. (Being disturbed by the tone Dunham uses to relate her seven-year-old behavior is a separate issue.) I seriously doubt that the discussion of abuse of or by children will be advanced by a dispute that is deliberately politically charged.
Last 5 posts by Ken White
- Free Speech Triumphant Or Free Speech In Retreat? - June 21st, 2017
- The Power To Generate Crimes Rather Than Merely Investigate Them - June 19th, 2017
- Free Speech, The Goose, And The Gander - June 17th, 2017
- Free Speech Tropes In The LA Times - June 8th, 2017
- I write letters - June 1st, 2017