Tuesday, January 15, 2008

Amendment or Harassment?

Usage of the First Amendment came into question as William Krasnansky exercised civil disobedience against a court ordered decision to shut down his blog containing a fictional account of a failed marriage.

Maria Garrido, Krasnansky's estranged wife, rallied their divorce judge to nip his blog in the bud, citing it to be of a degrading and calumnious nature. Garrido voiced concerns that people might take Krasnansky's blog as a true account of her character and base their opinions of her on this blog.

There has been no formal hearing or trial regarding the blog, amounting to a prior restraint; therefore, Mr. Krasnansky feels no obligation to obey the court ordered closing of his blog.

I have read most of Krasnansky's blog, and I see no mention of names. He has put a disclaimer in his blog that it is a fictional account of a painful and tragic divorce. Under the First Amendment he should not be made to close his blog.

The female character might resemble some of the mannerisms and characteristics of his wife, but do not most authors, fictional or otherwise, draw off of the attributes and dispositions of the people surrounding them? When I was taking a course in creative writing, I certainly did. This is how most authors breath life into characters that allow us to identify with them.

This might also be his therapeutic avenue, the path of least destruction. Everyone has his or her own way of dealing and coping with mounting pain and pressure, perhaps this is his. Would not the judge rather him label a fictional character in a blog than make plans to off his soon-to-be ex?

And another thing that comes to mind is the irony of the whole situation. Garrido did not want people looking at his blog for fear that they might label her a cold and heartless monster. She made such an upheaval that it created national attention, focusing on the very thing she did not want people to see in the first place.

I cannot help but think that, perhaps, kharma is with those who deny it most.

4 comments:

Marion said...

I hope for one that he does not have to shut down his blog. The first amendment should not be compromised. Especially since, in this situation, they don't have a good enough reason for shutting down his blog based on a hypothetical situation. Sounds like his wife is over reacting.

Stevens said...

I believe that he was done wrong by the court under the First Amendment. His wife gets furious with his fictional story on his blog, because it somewhat resembles her. So what, at least it was discreat. Since she had to go to the court about his blog, the story became so big that everyone was able to read it. She just did it all for attention.

Jackie said...

Not just with blogs but the internet in general can be a place for peole to bash others. That doesn't mean you can take that right away(freedom of speech that is). In this case it is just fictional writing and yes people might correlate that person to his ex wife but oh well. Maybe she should get her own blog.

Kimmi said...

I believe this man has every right to have and keep this blog. Like you said, it could be his way of dealing with the situation, in a non-violent way. If she wouldn't have made such an uproar about it, nobody, except for maybe close friends and family would know that this was about her, so she just made herself out to look like the exact person she claims the blog is portraying her as.