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srtjstjsj | 4 years ago

"small penis" was Chrichton making a mean joke, not a legal theory.

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jasode|4 years ago

>"small penis" was Chrichton making a mean joke, not a legal theory.

I had already used the adjective "informal" to describe the so-called "rule" so there was no need to nitpick that it wasn't "legal theory".

In any case, it seems like you didn't carefully read the wikipedia article so your attempted correction is not accurate. You've got your timeline mixed up.

The "small penis rule" was mentioned by journalist Dinitia Smith in 1998 (6 years before Michael Chrichton used it in his 2004 book) in a New York Times article. She was relaying a legal strategy told to her by attorney Leon Friedman.

Excerpt from the NY Times 1998 article:

>Leon Friedman, who was Sir Stephen's American lawyer in his dispute with Mr. Leavitt and who moderated the Authors Guild panel, observed that ''under New York State law, you cannot use a person's name, portrait or picture for purposes of trade without their permission.'' You can, however, use a person's identity if you don't use his name, he added.

>That is, unless you libel them. ''Still, for a fictional portrait to be actionable, it must be so accurate that a reader of the book would have no problem linking the two,'' said Mr. Friedman. Thus, he continued, libel lawyers have what is known as ''the small penis rule.'' One way authors can protect themselves from libel suits is to say that a character has a small penis, Mr. Friedman said. ''Now no male is going to come forward and say, 'That character with a very small penis, 'That's me!' ''