Happy Friday everyone! Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Sean Spicer Goes Full Melissa McCarthy

Sean Spicer’s press briefing yesterday had many people comparing it to Melissa McCarthy’s now-famous impersonation of him, for obvious reasons. He was extremely defensive when asked questions by the press and kept talking over the reporters and ignoring their follow-up questions. There were a lot of questions about the president’s recent negative comments about the federal judiciary, but Spicer said that President Donald Trump isn’t “going to hold back when he feels passionate,” and that the branches have critiqued one another since the start of our nation.

When reporters asked how the president had time to address Nordstrom’s dropping of Ivanka Trump’s clothing line on Twitter, but didn’t mention the recent deadly attack at a Quebec mosque, Spicer had enough and called the question “the silliest thing I’ve heard” before cutting the reporter off. The relationship between the White House and the press doesn’t seem to be thawing anytime soon.

Sean Spicer: “You’re equating me addressing the nation here and a tweet? That’s the silliest thing I’ve ever heard” https://t.co/PJGTf9bzP3

— CNN (@CNN) February 9, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: February 10, 2017 appeared first on Law Street.

Self-proclaimed feminist and TV-show creator Lena Dunham has become known for her controversial statements, but the latest one is pretty bad. In the most recent episode of her podcast “Women of the Hour,” she said she wished she had had an abortion. The episode was centered on the issue of abortion stigma and Dunham recounted a visit to a Planned Parenthood center in Texas many years ago. She said that a woman there asked her to join a project with women sharing their stories about abortion. Dunham said in the podcast:

I sort of jumped. ‘I haven’t had an abortion,’ I told her. I wanted to make it really clear to her that as much as I was going out and fighting for other women’s options, I myself had never had an abortion.

Lena Dunham said the statement below, THEN concluded with: “Now I can say that I still haven’t had an abortion, but I wish I had” #Context pic.twitter.com/cfdpzW2FnI

— Girls Really Rule. (@girlsreallyrule) December 20, 2016

Her own reaction made her realize that even though she was fighting for a woman’s right to choose, her automatic reflex was to make sure people knew she hadn’t had an abortion, as if it’s something to be ashamed of. It seems like her comment in the podcast was meant to highlight that if she had had one herself, she would know on a personal level what she’s fighting for. Or maybe, that there’s nothing wrong with choosing to have one. But her quote, “Now I can say that I still haven’t had an abortion, but I wish I had,” sounded way too literal. As the podcast content spread across the internet, many people reacted with outrage.

@jtLOL Normally I roll my eyes at Dunham’s silliness, but this made me so angry. An abortion isn’t something you get bc it’s “on trend.”

— Jingle Jess (@TheSenator) December 20, 2016

I can’t even imagine how offensive Lena Dunham’s comments are to women who actually had to go through abortions

— KFC (@KFCBarstool) December 20, 2016

lena dunham treats serious situations as a punchline to her transparent jokes no ones laughing at, then labels it “activism”

— emily angelica (@existentiaIly) December 21, 2016

On Tuesday, Dunham posted a long status on Instagram apologizing for the clumsy comments. She said that her story was meant to:

[…] tell a multifaceted story about reproductive choice in America, to explain the many reasons women do or don’t choose to have children and what bodily autonomy really means. I’m so proud of the medley of voices in the episode. I truly hope a distasteful joke on my part won’t diminish the amazing work of all the women who participated.

She said that she would never trivialize the emotional and physical challenges a woman goes through when making the choice to terminate a pregnancy. The apology might be sincere and the comments simply a clumsy way of expressing herself, but it’s pretty important to consider how things you say publicly will be interpreted if you claim to be a feminist role model for many young women.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Lena Dunham Apologizes for “I Wish I Had an Abortion” Comment appeared first on Law Street.

Actress Lena Dunham hit the mark with her 2016 Halloween Costume, seemingly inspired by quotes from Republican nominee Donald Trump. She dressed as a surprised cat with two plastic hands attached to her, portraying a “grabbed p***y.” She posted a picture on her Instagram on Monday evening. “Happy Halloween! With love from a Grabbed P—y,” she wrote.

@LenaDunham sassily takes aim at Donald Trump with her Halloween costume https://t.co/znoJ4dogVF pic.twitter.com/0oUufCP6lL

— Daily Mail Celebrity (@DailyMailCeleb) November 1, 2016

Dunham’s inspiration came from the audio recording that was leaked earlier in October when Trump was heard saying, “when you’re a star they let you do it. You can do anything. Grab them by the p—y. You can do anything,” to TV personality Billy Bush, who has since been sacked by NBC. And ironically the tape might have still been a secret if Bush himself hadn’t bragged about having had that conversation with Trump while in Rio covering the Olympics. Someone at NBC then thought it would be funny to dig up the old tape and release it, which Bush probably hadn’t counted on.

Dunham is a Clinton supporter and spoke out against Trump in People Magazine after the audiotape was released:

To hear someone in a position of power, in the race for the highest office in the land, to say something that is so distinctly violent, and so distinctly abusive — I think it creates a lot of fear and a lot of sort of pain in the public consciousness that we’re going to be dealing with for a long time.

Over the weekend and on Monday, she campaigned for Clinton in North Carolina and has been urging people on Twitter to go vote early.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Lena Dunham Took a Shot at Trump with Bold Halloween Costume appeared first on Law Street.

Yesterday we went through the five reasons why people are protesting the Brock Turner’s sentence, the 20-year-old former Stanford swimmer who was sentenced to six months in jail after he sexually assaulted an unconscious woman last year. Now it seems that civilians aren’t the only ones speaking out against the case and rape culture–celebrities are too.

Lena Dunham, who is the creator, writer, and star of the HBO series “Girls,” tweeted out Wednesday a video featuring her and few of her fellow female cast mates discussing sexual assault in dedication to the survivor of the Stanford case.

I dedicate this to the brave survivor in the Stanford case who has given so much to change the conversation. https://t.co/KMOJUxvPu0

— Lena Dunham (@lenadunham) June 8, 2016

In the compelling Now This video, Dunham along with Allison Williams, Jemima Kirke, and Zosia Mamet explained that despite their differences, they are all in agreement when it comes to the issue of sexual assault.

Their message was simple–support, listen, and take action.

In the video, the women also offered the following three statistics on sexual assault:

• One in five women will be sexually assaulted in their lifetime.
• 80 percent of those attacks will be committed by someone they know.
• One in four girls will be sexually abused before the age of 18.

They also didn’t hesitate to recognize their own privilege in the video, stating,

While its just the four of us here right now, we hope to represent the solidarity and support all survivors should be able to find. Which may be the first time that four white women can accurately represent anything.

Following the video’s release, people began using the hashtag #SheIsSomeone on social media to express their support for the Stanford victim, and other victims like her who have suffered from sexual assault as well as victim blaming.

A friendly reminder that sexual assault & rape is wrong because #sheissomeone and we all deserve safety and respect. https://t.co/j4XKxcKzUa

— Kelly Roskam (@KellyEWRoskam) June 9, 2016

People all over the world are coming together to support this girl and it’s amazing. #SheIsSomeone

— Emily (@emilyhawkkins) June 9, 2016

Not because she’s someone’s daughter
Not because she’s someone’s girlfriend
But because #SheIsSomeone

— Tessa (@GonceTessa) June 9, 2016

Dunham, who is an outspoken feminist, has publicly supported many women’s issues in the past, and even created an online feminist newsletter titled Lenny Letter in an effort to continue raising awareness on other issues plaguing women today.

So for all the women out there, I’d like to extend a big “thank you” to the cast of “Girls” for speaking out on this issue and helping to educate more women and men on how they can help support victims of sexual assault.

For more on the Stanford sexual assault case and Brock Turner’s sentencing read our original article here.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Cast of “Girls” Unites to Send Powerful Message About Sexual Assault appeared first on Law Street.

There has been a surge lately in a certain category of books on Amazon and Barnes & Nobles’ websites: memoirs. Many people think that they have something new or unusual to share with the world, and they share it through self-publishing, or in some cases, market publishing. These works talk about everything from living with drug abuse to parenting a child with Autism. For authors–especially those who self-publish–when it comes to the legality of what you are saying who you are naming, it can quickly become a slippery slope. This debate has made news out of many memoirs–from A Child Called It to the latest drama with Lena Dunham’s Not That Kind of Girl. So legally, what can an author say, and what can’t be said? How do you walk that thin line between complete honesty in your own memoirs and what is legally permissible to divulge about other people? Read on to learn when you can name names in memoirs, and the details behind some of the most famous cases that have shaped opinion on the subject.

What’s the legality behind “naming names?”

In an article with Writer’s Weekly, legal expert Howard G. Zaharoff says there are two ways to tell if you should name names. The first has to do with the actual law of the land: “…U.S. law prohibits defamation, that is, oral or written falsehoods that hold the subject up to scorn or ridicule. Every negative statement you make about a living person must be true and, ideally, supported by evidence.” So you can name names, as long as everything you say is true. But it goes a little deeper than that, as there have been many cases where people truthfully name names and still get into legal trouble.

The second way requires a little more discretion: “The right to avoid disclosure of truthful but embarrassing private facts is the first right,” explains Zaharoff. “For example, I am reading John Sandford’s latest Prey novel, in which a well-known politician is accused of having sex with an underage woman. She offers proof that she had sex with him by describing two semicolon-shaped freckles on his testicles. Unless they are relevant to an important and truthful account you need to tell, I would avoid that kind of disclosure.” While that image is shocking, it is something that a writer probably would not need to share in a written piece–it does not add interest or pique curiosity. Try not to reveal anything too personal or embarrassing about whomever you are writing about.

Legal action is tricky, because in the end, it is probably only going to be the writer’s word versus that of the plaintiff. Even if you do not lose the lawsuit, you will still have done some damage to your reputation and to your book. So on to the real question: how do you tell your story without risking litigation?

• Disguise as much personal information as you can.
• Try not to describe physical appearances; or change physical appearances.
• Do not use biographical information to describe why a person did something.
• Use a pseudonym if at all possible.
• Talk to a lawyer before you publish the book.

But the question is, again, how authentic can your story be if you are fabricating characters? Truthfully, if you want your memoir to be authentic, you can’t change very much at all about the character’s upbringing, education, career, appearance, or even economic status–that makes up a person’s character. Is it enough to change a name?

Let’s look at some of the most famous cases where an author faced possible legal action for naming names.

Augusten Burroughs’ Running with Scissors

Augusten Burroughs had a close relationship with Theresa Turcotte throughout his life. In fact, it was Burroughs’ relationships with Turcotte and her entire family that inspired his wildly popular memoir Running with Scissors, which chronicles his life from the ages of nine to 17. During most of this time, Augusten lived with the family of his mother’s rather unorthodox psychiatrist. Following his mother Deirdre’s first minor psychotic break, she began to see Dr. Finch. Before long Burroughs’ parents divorce and (SPOILER ALERT) his mother reveals that Finch had been controlling her through medication.

Vanity Fair explains that, “The character based on Theresa is named Natalie Finch, and in her first appearance she is described as a ‘ratty’ 13-year-old. In the next reference she has ‘long, greasy stringy hair and dirty clothes.’ In the next five pages she is described ‘spilling crumbs down the front of her striped halter-top’ from a tube of Pringles and wiping ‘her hands on her bare knees’ and using the word ‘cunt.’” The woman who inspired the character, who now works professionally for the University of Massachusetts Medical School, was taken aback.

In subsequent press interviews, members of the Turcotte family cried foul on many of the accusations that Burroughs made. They do not call everything into question, including some of the accusations about their controversial father. But of course in order to file a suit, the family would have to go public, which could be even more damaging if they lost.

The family took both Burroughs and the publisher to court, where they came to an agreement that Running with Scissors would no longer be called a memoir. Burroughs’ new acknowledgments note at the back of the book will say that the Turcottes “are each fine, decent, and hard-working people.” Financial terms of the settlement are completely private. Sony Pictures made a deal with the family before releasing it as a movie.

Burroughs won in this case, saying: “I’m not at all sorry that I wrote [the book]. And you know, the suit settled–it settled in my favor. I didn’t change a word of the memoir, not one word of it. It’s still a memoir, it’s marketed as a memoir, [the Turcottes] agreed one hundred percent that it is a memoir.”

Not That Kind of Girl by Lena Dunham

Lena Dunham, actress and outspoken feminist, was sexually assaulted while studying at Oberlin College. Anyone who has read her memoir or seen an interview with her in the last few months during its publicity tour will know this, because in Not That Kind of Girl, she details exactly what happened to her. But now she is being called an unreliable narrator by some people associated with the college.

According to the Washington Post:

‘Barry’ the purported assailant in Dunham’s ‘Not That Kind of Girl,’ is characterized as Oberlin College’s ‘resident conservative,’ suggesting that such a designation is rare at that Ohio bastion of liberal politics. He is described in considerable detail, sporting a flamboyant mustache and purple cowboy boots, working at the campus library and hosting a specific radio talk show. The book’s copyright page acknowledges that ‘some details and identifying details have been changed.’

When questioned why she decided to publish her account, she said, “I hoped I might inspire others to share, and that forming these connections would assist us in healing.” She then continued: “There is no right way to survive rape and there is no right way to be a victim. What survivors need more than anything is to be supported.”

Random House, which reportedly paid more than $3.5 million advance for Dunham’s book, has offered to pay Barry’s legal fees, but made no further comment on the way Dunham’s book was fact checked or edited for names. Future editions will make it clear that Barry is supposed to be a pseudonym.

Though we don’t know the end of this one yet, knowing the public’s love/hate relationship with Dunham it is bound to get interesting.

For anyone who has read the book, it seems that Dunham’s intentions were not to shame the man who did it,  but rather to raise awareness of the fact that things like sexual abuse and rape happen on college campuses everywhere–even those that are progressive. Dunham is known to be a hot topic in the public eye, and people tend to jump on her case whenever she does anything. Still, as someone who is not a first time writer–she has awards and a lot of media attention from writing Girls–she probably should have known better than to use an actual person’s name and exact likeness in her autobiography.

Conclusion

Memoirists walk a very fine line because many of them have also written fiction, including Dunham–who has blurred the lines with her book and her television show Girls–Binjamin Wilkomirski, and James Frey. The brunt of the responsibility is on them to write honestly, precisely, and clearly about their pasts. Readers also have to realize that each story is told from the perspective of the writer–not necessarily who the included stories are about. Geoffrey Wolff wrote The Duke of Deception about his father, a pathological liar, whose fantastical stories he studied. “I’m going to write everything I believe to be true,” he says. “The writer knows memory bends, but everything I write I believe to have happened.”

Resources

Primary

Buzzfeed: Lena Dunham: Why I Chose To Speak Out

Additional

Vanity Fair: Ruthless with Scissors

Telegraph: The minute you tell me your story – it’s mine

USA Today: Burroughs Settles Lawsuit with “Scissors” Family

Writers Digest: Will I Get Sued if I Use Real Names in my Memoir?

Creative Penn: 7 Mistakes to Avoid When Writing Your Memoir

NPR: Augusten Burroughs’ Mother Speaks Out

Washington Post: Lena Dunham and the damage done by false accusations

The New York TImes: The Problem with Memoirs

Editor’s Note: This post has been edited to replace a source that has been taken off the web. 

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post The Gray Area in Memoir Writing: When Can You Name Names? appeared first on Law Street.

Along with the two consecutive award shows this week came two red carpets. Each carpet brought a lot of interesting fashion choices, from Katy Perry’s tribute to Britney Spears to Kim Kardashian’s backwards looking dress, both at Sunday night’s MTV Video Music Awards. The one dress that people could not stop talking about, though, was Lena Dunham’s Giambattista Valli gown worn to the Emmy Awards Monday night. Regardless of whether you loved or hated the dress worn by creator and star of the HBO series Girls, it seemed to bring up an issue of intellectual property.

On Monday night, designer Christian Siriano posted a throwback photo on Instagram of one of the designs from his Spring 2010 collection. The dress he chose to post had a strikingly similar color scheme and tiered tulle skirt to the dress Dunham wore that very night. Hm, coincidence? Probably not. Nice try Christian, but it wasn’t even #ThrowbackThursday.

As much as I hate when bigger designers copy smaller ones’ designs, I don’t think Siriano really has a case here. The only thing the two dresses have in common is the fact that they have tulle skirts. The colors and tiers are far too different for there to be any issue of copyright infringement. The bodices of each dress also give off two completely different aesthetics, as Valli’s offers a menswear-meets-formalwear vibe by matching a collared shirt with a ball gown skirt, while Siriano’s features a simple strapless design.

Even if Siriano did want to get into a legal battle with his fellow designer, there are no laws protecting him. It is perfectly legal to copy a garment’s pattern, which is hardly the issue here anyway. The only way Siriano would have a case is if there was an issue of print-copyrighting and both dresses lack any kind of screen-printing to begin with. Also, Siriano would probably never stand a chance in court against Valli, as the latter is a veteran couture designer and the former is a relatively new designer who got his start through Project Runway and designs for Payless Shoes.

Then again, Siriano definitely wasn’t the only one who thought the dress looked familiar…

Lena Dunham’s #Emmy dress looks kind of familiar. @josswhedon @JewelStaite pic.twitter.com/oEkU7N59nv

— refinery29 (@Refinery29) August 26, 2014

—

Katherine Fabian (@kafernn) is a recent graduate of Fordham University’s College at Lincoln Center and is currently applying to law schools, freelance writing, and teaching yoga. She hopes to one day practice fashion law and defend the intellectual property rights of designers.

Featured image courtesy of [Lena Dunham via Twitter]

Katherine Fabian

Katherine Fabian is a recent graduate of Fordham University’s College at Lincoln Center. She is a freelance writer and yoga teacher who hopes to one day practice fashion law and defend the intellectual property rights of designers. Contact Katherine at staff@LawStreetMedia.com.

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