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Dark Fiction Is Protected Speech. Online Harassment Isn’t.

There’s a rising trend online: people using extreme, hateful language to attack others for liking or creating dark fiction— stories that explore taboo or disturbing themes. One message recently sent to a fan of dark fiction read:

Let’s break down why this kind of language is not just offensive — it may actually be illegal under U.S. law. And why, by contrast, dark fiction itself is constitutionally protected.

When You Become the Monster You Claim to Fight

1. Calling Someone a Criminal Over Fiction Is a Crime

Falsely accusing someone of supporting child abuse or rape is not “calling them out.”

It’s defamation per se a category of libel where the accusation is so serious, the harm is assumed.

U.S. law protects reputation from false statements about criminal activity.

If someone can be reasonably identified (even anonymously), and the claim is false, it may be grounds for a lawsuit.

Legal Reference:

Gertz v. Welch, 418 U.S. 323 (1974) – Private citizens only need to prove negligence.

New York Times v. Sullivan, 376 U.S. 254 (1964) – Public figures must show actual malice.

False claims of criminal acts = automatically defamatory.

If you say someone “encourages rape” based on their reading list? That’s not activism. It’s libel.

2. Threats Disguised as Justice Are Still Threats

“I’m the #1 pedophile killer” is not rhetoric. It’s not metaphor.

It’s a true threat, a form of unprotected speech under the First Amendment.

Pair that with slurs, personal targeting, and incitement? You’re not helping victims you’re becoming the abuser.

What the Law Says:

18 U.S. Code § 2261A – Cyberstalking and online threats

Virginia v. Black, 538 U.S. 343 (2003) – Threats intended to intimidate can be punished

Brandenburg v. Ohio, 395 U.S. 444 (1969) – Inciting imminent lawless action is not protected

3. Hate Speech Doesn’t Make You the Hero

The ableist slur used in that message “retards” isn’t just tasteless. It’s a weapon.

It’s the kind of language that, in any other setting, a school, a job, a courtroom, would be grounds for disciplinary action, legal liability, or both.

It’s not “just words.” It’s targeted degradation. And it’s not protected if it becomes part of a pattern of harassment or intimidation.

Here’s how the law sees it:

The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act protect people from disability-based harassment in schools, workplaces, and federally funded programs.

Some states (like California, New York, Washington) extend these protections to online spaces, especially where speech contributes to a hostile environment.

Even outside the courtroom, most platforms (Tumblr, Twitter/X, Discord, etc.) list ableist slurs under their hate speech and harassment policies. Using them can result in bans or suspensions.

The Fiction Isn’t Dangerous — Your Fear Is

1. Disturbing Stories Aren’t Dangerous— Misreading Them Is

Dark fiction dives into the shadows, it explores violence, abuse, trauma, and other difficult realities. But to confuse exploration with endorsement is to miss the entire point.

Liking or creating stories about taboo subjects doesn’t mean someone condones those acts in real life. It means they’re grappling with complex ideas and emotions through art.

Imagine banning classics like Lolita by Vladimir Nabokov or American Psycho by Bret Easton Ellis because they depict criminal acts. That’s exactly what censorship driven by misunderstanding looks like.

Legal Perspective: Fiction is a protected form of expression under the First Amendment, even if it unsettles or offends.

2. The Constitution Protects Art You Don’t Like

The First Amendment doesn’t just protect nice speech, it protects speech that shocks, disturbs, or disgusts.

Artistic expression, including dark or controversial fiction, is safeguarded unless it falls into very narrow exceptions:

Obscenity: Rarely applies, under the strict Miller Test

True threats and incitement: Only punished if likely to cause immediate harm

Child pornography involving real minors: Always illegal and not protected

A crucial distinction often misunderstood is between actual child pornography and fictional depictions of minors.

But fictional depictions that are clearly not real—no matter how dark—are protected. This was affirmed in Ashcroft v. Free Speech Coalition (2002), which struck down laws that criminalized virtual child pornography or fictional depictions that don’t involve real children.

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" why can't you just appreciate japanese culture without calling yourself japanese ? " = " why can't you just wear feminine clothes without calling yourself a girl ? "

" you can't change your race, you are what you were born as biologically. " = " you can't change your gender, you are what you are born as biologically . "

" I'm native asian and I don't think you're a real asian . " = " I'm a cis man and I don't think you're a real man . "

" By identifying as japanese, you're minimizing the struggles and racism us asians face . We're more than just uwu kimono . " = " By identifying as a woman, you're minimizing the struggles and misogyny us women face . We're more than just pink and shopping . "

*transrace person* " this is just some phase because of the internet and lack of attention, ignore it and it'll go away . " = *transgender person* " this is just some phase because of the internet and lack of attention, ignore it and it'll go away . "

" transasian people just want to invade poc safe spaces . " = " trans women just want to invade women's safe spaces . "

" you should appreciate your culture, you don't have to identify as japanese and mutilate yourself to get away from racism . " = " you should love your womanly body, you don't have to identify as a man and mutilate yourself to get away from misogyny . "

" if I saw a transjapanese person in Japan, I'd pv nch them . " = "if I saw a trans woman in a women's restroom, I'd pv nch them . "

*transrace person does it* " finally, another one off this planet ! " = *transgender person does it* " finally, another one off this planet ! "

You are no better than the transphobes you condemn.

"b-but it's different!!!!!!! being transgender is more socially acceptable than being transrace and so-"

You are no better than the transphobes you condemn.

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Positive radqueer ask game because pride month is here!!! ･:*+.\(( °ω° ))/.:+

🌈 — Ramble about one (or multiple) of your transids!

🍓 — Is there a transid of yours that you resonate with the most? Why, if so?

🌱 — What is your favorite experience you’ve had in the radqueer community?

🐣 — Do you have a favorite coiner? If so, share with the class!

🪱 — What are your transids? List as many as you want, it doesn’t have to be all!

🌷 — Do you identify with any paraphilias? If so, and you’re comfortable, feel free to share!

🫟 — How has the radqueer community helped you, if at all?

🎀 — Is there a song you relate to the radqueer experience? If not, is there any other kind of art or piece of media?

🎊 — Do you have any medically unrecognized disorders? If so, which ones?

🩷 — How do you celebrate pride month as a radqueer?

🚺 — Tell me anything /pos about your life or experience as a radqueer!

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˖*°࿐ DEFINITION : permaselfdestructive is a permaid that falls under the permabehavior/permatrait sector. permaselfdestructive is defined as somebody permanently being self destructive, whether by choice or not.

Requested by 👁️🍻 anon. :)

Already coined? Consider this to be an alt flag!

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GET. AI. OUT. OF. FANDOM. Stop making headcanons with it, stop making fanfic with it, stop making fanart with it. If I see one more "asking chatgpt *blank* about *character/characters in a fandom* I'm going to lose my goddamn mind. Use your own fucking brain, stop asking AI to do everything. You could even ask other real people what they think. Just. Stop. Using. AI. In. Creative. Spaces.

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I love having my blog be inspired by my bestest friend ever .... Im so lucky !!! I know them !!! I know hir !!!! Ababbababab

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this self-indulgent joke has been marinating in my head for over a month and i doodled it only now; you're welcome to tell me that im the funniest person ever

[if anyone sees this post at all: for the love of god do not tag this with 'endo's dni/endo's fuck off']

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The calendar is a system where 12 wonderful headmates switch on a somewhat regular schedule.

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being frontstuck feels like a free trial version of being a singlet except it’s cluttered with ads.

- 🥀

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HEHEHHEHE HIIII

hi　hi!!!!　guys　this　is　the　friend　i　was　talking　about｡｡｡　follow　them,　pronto!

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plurality is just local multiplayer for your brain

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new　tag　so　i　can　shamelessly　mention　our　#1　friend,　anyways!　frolicking　in　a　giant　flower　field　with　them,　who　wants　to　join?

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Reblog if you're a highly radioactive queer individual

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ask game for systems

holy. 25 reblogs and 100 likes + 8 followers! sunshine greatly thanks you all for the support. as celebration, have an ask game: 🌺 - why did you pick your system name? 🌸 - do any parts in your system have 'unique' or otherwise 'strange' names? 🌷 - do you like to decorate your sp/pk, etc? 🩰 - do you use any other apps than pk/sp for system stuff? 🍨 - when making bios for pk/sp, do you use templates or make your own? 🍥 - do you have an innerworld? if so, what's your favorite activity to do in it? 🍧 - do you use pluralkit or simply plural? if so, which one of the two do you use the most? ⏳ - what terms do you like the most when describing your system? for example; plural, system, collective, etc. 🎀 - do you organize your pluralkit/simply plural? if so, do you do it in a messy or neaty way?

i hope i did this right, haha. feel free to send me these!

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Moonbows

A moonbow, also known as a lunar rainbow or white rainbow, is a rainbow created by moonlight rather than sunlight. It's formed when light from the moon refracts and reflects off water droplets, like those in rain or mist, creating a visible arc of light in the sky. Moonbows are generally fainter and less colorful than regular rainbows, and they are much rarer due to the need for specific conditions like a full or near-full moon, clear skies, and dark skies.

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Movie recommendations for you freaks of nature :3

Aftermath (1994) — mourge worker bangs corpse

Philosophy of a knife (2008) — movie that recreates the japanese experiments during ww2

Channel 309 (I-III) (2019) — according to MBDb; “Dark and violent artistic erotica with elements of violence, surrealism and strange BDSM rituals with a satanic twist”.

Women’s flesh: My Red Guts (1999) — woman is abandoned by her husband, so she copes with her grief through violence

Debris Documentar (2012) — man with double life and a buncha weird kinks. necro, violence, noncon, zoo, scat, cannibal, etc.

Otermontag (1991) — not sure how to explain it with my own words uhhh,, read this if ya wanna know what it’s about

Black Metal Veins (2008) — “a graphic docu-drama detailing the hopeless lives of several young people addicted to heroin”

Vomit Enema Ecstasy (2008) — “two women explode emetophilia”

August Undergroud (2001) — two dudes torture girl, then go around killing random people on the street.

German Angst (2015) — this, please read them tags

A Serbian Film (2010) — porn star accepts participating in movie cuz he’s broke, turns out it’s a snuff one.

Nekromantic (1988) — guy brings home a corpse for him and his wife to necro. turns out the wife likes the corpse better than she likes him

of course there’s also the vomit gore trilogy and megan is missing and shit but i think everybody is already tired of hearing about those