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Can a court really forbid you from doing such a thing? What if someone wants to create art but not be forced to put their name on it afterwards. This is just im

by CoryG89 10y ago

Can a court really forbid you from doing such a thing? What if someone wants to create art but not be forced to put their name on it afterwards. This is just impossible?

incompatible 10y ago
I suspect that you can create art and release it anonymously, and nobody can force you to say you painted it. That would be covered in the US under freedom of speech, I think. On the other hand, claiming that you painted something that you didn't, or didn't paint something that you did, may be fraudulent?
- incompatible 10y ago
  Perhaps artists will be advised in future to refuse to deny or confirm that they painted anything, to avoid such lawsuits.
- CoryG89 10y ago
  Right? I could see being sued for claiming you painted something that you didn't. I think that is pretty standard faire. But the reverse? That sounds crazy to me. At any rate, my freedom of speech definitely covers both cases.
  - bitJericho 10y ago
    IANAL. You can surely be compelled to tell the truth. I can't imagine how the court could compel somebody to admit or deny this type of fact though. But not speaking at all is different from lying. If you do not follow the courts order, it could be charge of civil contempt, which could be jail time until you promise to no longer ignore the courts orders and/or could include fines.
vinceguidry 10y ago
A judge has leeway to order you to do pretty much anything. You can appeal such judgments, but you can't stop him from issuing one. This sort of thing is called prior restraint, and is mostly illegal, but that doesn't stop judges from doing it all the time. https://en.wikipedia.org/wiki/Prior_restraint https://en.wikipedia.org/wiki/Prior_restraint Popehat has discussed prior restraint many times. Sometimes judges get away with it, sometimes they don't, and often Popehat themselves has to make the difference. https://popehat.com/ https://popehat.com/

by CoryG89 10y ago

Can a court really forbid you from doing such a thing? What if someone wants to create art but not be forced to put their name on it afterwards. This is just impossible?

incompatible 10y ago

I suspect that you can create art and release it anonymously, and nobody can force you to say you painted it. That would be covered in the US under freedom of speech, I think. On the other hand, claiming that you painted something that you didn't, or didn't paint something that you did, may be fraudulent?

incompatible 10y ago
Perhaps artists will be advised in future to refuse to deny or confirm that they painted anything, to avoid such lawsuits.
CoryG89 10y ago
Right? I could see being sued for claiming you painted something that you didn't. I think that is pretty standard faire. But the reverse? That sounds crazy to me. At any rate, my freedom of speech definitely covers both cases.
- bitJericho 10y ago
  IANAL. You can surely be compelled to tell the truth. I can't imagine how the court could compel somebody to admit or deny this type of fact though. But not speaking at all is different from lying. If you do not follow the courts order, it could be charge of civil contempt, which could be jail time until you promise to no longer ignore the courts orders and/or could include fines.

vinceguidry 10y ago

A judge has leeway to order you to do pretty much anything. You can appeal such judgments, but you can't stop him from issuing one. This sort of thing is called prior restraint, and is mostly illegal, but that doesn't stop judges from doing it all the time. https://en.wikipedia.org/wiki/Prior_restraint https://en.wikipedia.org/wiki/Prior_restraint Popehat has discussed prior restraint many times. Sometimes judges get away with it, sometimes they don't, and often Popehat themselves has to make the difference. https://popehat.com/ https://popehat.com/