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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.

[royalbunkin]

he so mad about it XD

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ok this dni has me sobbing

proshippers are the ONLY thing on the list

this person doesn’t know what they are

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JUMPS UP AND DOWN WHILE SCREAMING

PART 2 SMUT SCENE PLEASE?

I don’t smoke

Val short fic in which he gets reader so high that she can’f fight back.

Tws: dead dove, implied noncon/rape, forced intoxication, coercion, somnophilia

Dark Val fans come get your food!!

Valentino hadn’t been too kind to me the night prior but none of that mattered now, not with how nice it felt being in his arms. He let me lay across his lap while he smoked, occasionally looking down at me. He reached out a clawed hand, offering his joint to me.

“No thanks, I don’t smoke.”

“You don’t smoke or you haven’t smoked?”

“…”

“Aww, Chiquita’s never even smoked. Isn’t that just the cutest thing ever…” he chuckled, grabbing me by my chin, the feeling of his sharp claws against my skin making my heartbeat speed up. He removed the joint from his mouth and placed it in my own, his fingers gracing my lips for a split second before he pulled away.

“You’ll take a hit for me, won’t you? Don’t worry Bebita, I’ll take suuuch good care of you…”

“I don’t know…”

“What? Don’t you trust me?” He prodded me, looking down at me with a smirk just as arrogant as it was condescending.

I knew it wouldn’t be a good idea to trust him, that it was a bad idea letting loose around him. But I was more afraid about what would happen if he got pissed off at me for not doing it.

So, taking a deep breath, I took a hit. And the second I finally did, I could see that pleased look on his face through my teary eyes while I coughed, struggling to keep from throwing up. The taste was pungent, filling the air around me so that I tasted it even when I tried to gasp for air.

“Good girl.”

Despite how much I hated smoking, I knew I’d do anything to hear him praising me like that. That’s how I ended up sitting on his lap, one set of his hands on my hips holding me down while another hand held the joint to my lips.

It was one hit then another, He’d used excuse after excuse to pressure me into taking another hit. Before I knew it, my body was limp in his lap and I’d lost count.

“There, now doesn't that feel nice? Just one more hit babygirl, come on, you can do it for me.”

“You said that the last time… and the time before that…”

“Shhhhhh, your head’s just getting fuzzy baby. You don't know what you’re talking about.”

Sighing, I took another hit, this one longer than the last.

“Such a good girl, letting her Papito do all of her thinking for her.”

My stomach flipped when he said that, and in that moment I knew that I’d do whatever he asked of me if it meant staying in his good graces. Even if that meant intoxicating myself past the point I was comfortable with, just for his own sick viewing pleasure.

I felt my mind going fuzzy, barely able to register what he was doing when his hands crept under my skirt, toying with the lacy hem of my panties. I could feel how hard he was, how much he was getting off on corrupting me.

“Val, I’m way too out of it for this…”

He shushed me, grabbing the joint from my hand and taking a hit of it for himself before blowing it in my face, leaving me a coughing mess. I could taste his sickly sweet pheromones mixed with the pungent, skunky smell of the weed, and it made me sick to my stomach.

“Too out of it for what? You don’t know what you’re talking about Baby, just calm down and let your Papito take care of you.”

I could feel his arms around me, lifting me up. Everything was a blur, then I felt my back hitting the bed. Before I could even process what was going on, he was behind me, spooning me and holding me down with his four arms.

“Val, I’m really not comfortable doing this while I’m high like this…”

“Doing what, Babygirl? I’m just going to take your clothes off, you’re overheating. Guess somebody can’t handle her weed..”

It was almost laughable how he lied to my face, knowing I didn’t believe him but still daring me to call him out on it. Though I was less focused on that and more focused on the way that his hands felt roaming all over my body. His hands pulled at my clothes and groped at my curves, lingering on the areas that had me squirming in discomfort. As much as I wanted to struggle, I couldn’t do much in my intoxicated state.

“Val… stop.”

My plea fell on deaf ears, because he was already reaching under my skirt, pulling my lacy panties down until they hit my knees. No matter what I said or did, he wouldn’t care- because he had one goal in mind.

And that goal was getting clearer and clearer to me by the second, between the sound of him undoing his belt and the way he grabbed my arms and held me down, I knew what was coming next. And all I could do was lay there and take it, too intoxicated to fight back.

The way he was looking down at me, eyeing me up like a piece of meat, told me I was in for a long night.

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Proship isn't "pro fetishization." You're being lied to for political reasons. You don't know what words mean. Proship means you're anti harassment.

You are not pro kink if you're anti ship. You are a bootlicker if you're anti ship.

"be gay do crime! Unless you write fanfiction I don't like because then I'll sic the feds on you uwu"

If you disagree with this post, read it again.

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Day 1 of bottom alastor week!

demon nun alastor behave for cardinal samael to get a treat 🍬🍬😋😋

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posting my old stolitz art here to let yall know to please spread my emergency commissions post :) it would really help! tyvm

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This would be amazing if HS^2 wasn't the literal worst thing ever

i think it's interesting how ectobiology is being used as a symbol of the regressive and the repetitive; it is literally the science of "making babies out of ghosts", so in other words the art of remixing existing ideas over and over again (its literal main purpose in Sburb: creating multiple groups of slightly different kids, literally 'paradox clones', so it can attempt to reproduce the same way again and again until something works). Dirk thinks making a new species out of old ideas via ectobiology is the way for Homestuck to keep going forever. Jade thinks having a new kid without ectobiology is the one way to break the monotony, even if it's literally with one of the same eight people her family has been tied up with for the past 5000 years.

this does have further implications worth discussing when viewed through a queer lens. what does it say, for instance, that these characters appear to view pregnancy as the only way to have a "real" baby, and making a baby in a lab as the "fake" way? even Kanaya seems to echo this sentiment when she expresses resentment over her race having been forced to reproduce with machines. we have been talking a lot recently about how aspects of paradox space that may seem queer or liberating on first glance - quadrants, for instance - are actually just veiled tools of the patriarchy, and it's true that the same could be thought of ectobiology; for one thing, Sburb only seems interested in pairing men and women, even when they lack any sexual chemistry in reality. so maybe it is queer and liberating that Jade and Rose, by eschewing ectobiology altogether, have earned the place of being the first gay couple in Homestuck to make a baby together, breaking that streak. but because Homestuck^2 inherited by necessity the Epilogues' positions on sex and gender, which at times come across as deeply un-queer and un-liberating, it's also true that Jade and Rose have only been allowed that opportunity because of some fluke of their biology. nothing seems to have been truly liberated from the way it was before; if two people on Earth C want to have a kid regardless of their own biology, the very machines which are being painted as regressive seem to be the only option they currently have. and this has ramifications for the building of interspecies families just as much as it does nonheterosexual ones, which is a major concern not just for the subjects of Jane's xenophobic regime at large, but also for a great portion of Homestuck's own core cast

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Charlie, darling~

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i’m counting at least four dead giveaways and another obvious cop

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God I need Pico and Nene to absolutely ruin my life with nonstop sex and weed

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This stupid scene rotates in my head all day because I still can't understand it. Does Yuri think they've been dating since forever? Tamura says no!! Then why is he upset?? Because he always thought that Fujisaki only wanted to fuck and not date?? No because dating shouldn't change his experience at school that much, Fujisaki willingly let's him do other men in the school, and it's not like he can control Yuri anyways. Because he brought it up in the middle of it?? Maybe?? But if he didn't want to he could've just ignored him??Fujisaki single handedly caused this man to do even more weird things because he's the only person who managed to make Yuri upset, the guy that Tamura specifically said only has friends because he's never upset about anything whatsoever. He's also the only person (outside of Tamura ofc) to see his face properly without it being some occasion where he is required to take his glasses off. Yuri willingly speaks FULL SENTENCES with this guy, I don't even know if Fujisaki knows how special he is.

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varesa by redshark [Twitter/X] ※Illustration shared with permission from the artist. If you like this artwork please support the artist by visiting the source.

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Respectfully PolyVees fans are still the minority when this fandom has a huge problem with being anti-polyam at times

On Polyvees:

Get ready for another vent discourse nobody gaf about 😃

I've been seeing a lot of beef between fans with Vees dynamic discussion, and honestly it's disappointing to see that in fact - we have not come very far as fandom. What's disappointing is people's attitudes and harassment towards others with a ✨different opinion✨. Polyvees fans used to get more hate in the beginning, then when that subdued, a lot of (usally younger) fans who still HC the "family Vees" trope get ridiculed for "being inaccurate/non-canon anymore" HELLO??? Not this again...

Honestly I think the family trope is really cute, but I think the 'canon' or 'Vivzie' version, where they are simply a trio with Val and Vox breaking up every third day and Velvette holding them together (AKA being the only remotely sane one) suits them and their narratives the best. I can also see all three "options/dynamics" definitely possible for them, but the fact that the polyV fans still act like the minority, when we've come to a point where it's actually the opposite, only to use it as excuse to go "OMG you STILL don't ship this the way I do???" At the end of the day - polyvees are still a ship, and even if they would become canon in the show, why would someone changing shit in fanon be so wrong? Velvette's sexuality is not cut-clear, and most people HC her to fit their preferred ships (like if they like VoxVel - she's bi, but if they like LesboVel - well she's sapphic etc.)

I say this is disappointing coming from THE VEES fans, part of fandom known to be ostracized for "defending" Val and "endorsing" evil people. The whole thing I liked about Vees fans from the start IS the fact how most of them are so chill in fandom discourse, due to having somewhat controversial/challenging opinions that (at the very beginning) differentiated from majority and willing to just discover and be silly. So now to see ship wars over sth so silly as this is very ironic. C'mon people this is the whole Alastor ships discourse again...

ALSO I especially hate the narrative that all found-family (or even just non-polyV fans) don't ship it because they're "infantilizing Velvette". I don't think the only way for her to be proven as an equal is to date them. THIS IS LITERALLY THE ALASTOR BULLSHIT AGAIN HE'S MORE THAN HIS SEXUALITY-

To clarify, I'm not dunking on Polyvees fans or Polyvees. Just because it's not to my taste doesn't mean I don't recognize the possibility and respect the freedom of people exploring different dynamics with any ships. Some of the sweetest people I've interacted with are Polyvees fans - so thank you for keeping your cool! It's just about the hypocrisy I constantly come across in this fandom, it's really tiring 😩

'Cuz imagine being like "OMG you're STILL on VoxAl when VoxVal have been confirmed???" You see my vision?

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Of course this cunt has @ turned off

@luneemeritus hey you're actually a disgusting piece of work, and you should never talk about POC ever again in your miserable life. Not only are you racist about Valentino being Afro-Latino but you're also delusional if you think most of the imps aren't POC coded. Especially Striker of all characters.

But that's not why I'm @ing you

See, you white people got a huge problem with telling people how ethic they are when you yourself are as white as they come, don't ever fucking tell my mutual let alone any other black person how fucking black they are you pussy cracker bitch.