Question re

[John Dunn]

I сan imagine that for various reasons this is a more sensitive issue in the U.S. than it is in the U.K., but one problem with answering what I take to be Elena Gapova's original question is that works of this nature would have completely different resonances in a liberal democracy from those that they have in countries with different procedures for (not) changing leaders.

I am sure that both the English and Scottish legal systems have laws of the 'incitement to violence' type that might be applicable in a case like these, but the authorities are generally reluctant to bring an action against what might be deemed a worked of art: they usually end up with great deal of egg on their faces, and they would not want to give poems or songs like those quoted the publicity that a court case would inevitably generate.

There are, however, some complications: in England (though not, for practical purposes, in Scotland) it is possible for anyone to bring a private prosecution, and it is by no means inconceivable that an aggrieved individual (not connected to the subject of the work) might seek to institute proceedings.  Moreover, in England (though again not in Scotland, where the law is different) the greatest threat to freedom of speech is usually considered to be the libel laws, which are perceived as favouring the plaintiff and which have been successfully used by, inter alios, Boris Berezovskij, although I doubt if either of the works quoted would be considered libellous and I doubt even more if anyone would be daft enough to sue.  Finally, in the eighteenth century, when the state was more oppressive and political debate more robust, prosecutions were often brought for crimes such as seditious libel.  That, as far as I know, no longer exists, but there is still an obscure offence called criminal libel; the last case was a private prosection brought against the satirical journal 'Private Eye' 15-20 years ago.

In short, there are plenty of legal remedies, but in probability none might be applied.  Nevertheless, the threat of criminal or civil action might in itself be sufficient to inhibit publication.  As, let us be honest about this, might considerations of taste.

Apologies for the length.

John Dunn. 

-----Original Message-----
From: Richard Robin <rrobin at GWU.EDU>
To: SEELANGS at LISTSERV.CUNY.EDU
Date: Fri, 27 May 2005 09:17:14 -0400
Subject: Re: [SEELANGS] Question re "Ubei presidenta"

What's interesting is that in Russia, crtainly no longer a country that 
aspires to be a liberal emocracy, nothing untowards seems to have happened 
to the members of the band Underwood which released a hit song (with tons of 
air play), Pokusites' na prezidenta, a little over a year ago. The entire 
lyrics are at http://www.miditext.ru/lyrics/ru/01/pokusites.html, but lines 
that are clearly related to Putin are cited below. I can't begin to imagine 
the handwringing (and actions taken under the Patriot Act) if a song with 
similar lyrics and clear references to the American president made the top 
ten on the American charts.

-Rich Robin


John Dunn
SMLC (Slavonic Studies)
University of Glasgow
Hetheringon Building
Bute Gardens
Glasgow G12 8RS
U.K.

Tel.: +44 (0)141 330 5591
Fax: +44 (0)141 330 2297
e-mail: J.Dunn at slavonic.arts.gla.ac.uk

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