Small Penis Rule Explained in Libel Context

Definition and Origin

The 'small penis rule' is a tactic used by authors to sidestep libel lawsuits by depicting characters with small anatomies. This strategy was highlighted in a 1998 New York Times article by Dinitia Smith, where Mr. Friedman explained that unless a character portrayal is exceptionally accurate, it becomes difficult for a person to claim defamation.

Legal Critiques

Recent analysis from Professor Michael Conklin posits that the small penis rule might not effectively defend against defamation claims. He notes that making a statement regarding a character's small penis can itself be seen as defamatory. Moreover, such a characterization can imply an admission of defamation on the author's part.

Examples in Literature and Media

The small penis rule has surfaced in notable disputes, such as Michael Crowley’s allegations against Michael Crichton. In Crichton's novel "Next," Crowley argues he was portrayed as a character with a small penis and a negative reputation. Similarly, British author Peter James referenced the rule with a villainous character named Amis Smallbone, reinforcing the theme in popular media.

Conclusion

While the small penis rule may act as a deterrent against libel claims by inducing embarrassment in potential plaintiffs, its actual legal standing remains questionable. Authors must weigh the risks associated with character portrayal against the potential for legal repercussions.