I have an essay in the new Hedgehog Review — behind a paywall, but shouldn't you subscribe? Yes indeed you should. The essay is called "Injured Parties," and it begins thus:

In 1923, the American movie star Dorothy Davenport lost her husband, the actor and director Wallace Reid, to an early death resulting from complications of morphine addiction. After the tragedy, Davenport took up the job — an unusual one for a woman in Hollywood in that era — of film producer. Starting with Human Wreckage, a movie about the dangers of drug addiction that appeared just months after Reid’s death, Mrs. Wallace Reid, as she now called herself, oversaw a series of films on pressing social issues. For instance, the third one she produced, and which she personally introduced in a prologue, The Red Kimono (1925), portrays the dark personal and social consequences of prostitution.

All of Davenport’s moral-crusading films were popular, but also controversial: Some were banned by the British Board of Film Censors and by the guardians of public morals in many American cities. The Red Kimono had other problems, though, problems related to one Gabrielle Darley. Darley was a young woman who in the second decade of the twentieth century had worked as a prostitute in Arizona for a pimp named Leonard Tropp. She fell in love with him and they moved to Los Angeles, where she gave him money to buy a wedding ring — for herself, she thought, but in fact Tropp planned to marry another woman. When Darley discovered this, she shot Tropp dead. In 1918, she was put on trial for murder, but had the great good fortune of being represented by an exceptionally eloquent defense attorney named Earl Rogers — a close friend of William Randolph Hearst — who presented her as having been, before meeting Tropp, “as pure as the snow atop Mount Wilson.” The jury couldn’t get enough of this kind of thing and enthusiastically acquitted Darley.

One of the journalists covering the trial was Rogers’s daughter, Adela Rogers St. Johns, who was already well on her way to earning her unofficial title as “World’s Greatest Girl Reporter.” (For many years she worked for Hearst newspapers, and may have reached the height of her fame in her reporting on the 1935 trial of Bruno Richard Hauptmann for kidnapping and murdering the young son of Charles and Anne Morrow Lindbergh.) She wrote a short story, based on the trial, called “The Red Kimono.” It caught the attention of Dorothy Davenport, who immediately commissioned a screenplay and started filming. The name she chose for the film’s protagonist? Gabrielle Darley. 

I describe Darley’s claim to having been defamed by the film — to being injured reputationally — and the ultimate decision of the Supreme Court of California in her favor. 

From there I go on to explore the meaning of defamation and how it has changed over time, with a particular focus on the early modern period, during which, as I learned from reading that wonderful scholar Debora Shuger, defamation was very differently understood. I indulge my suspicion that we — immured in a social-media environment for which defamation is more or less the coin of the realm — might have a few things to learn from that era, and also from Erving Goffman. Yeah, I know it sounds weird, but trust me, it all holds together. I think. Ultimately I am trying to imagine charity as both a legal and a social concept. The point of the essay is not to settle any current issues but rather, by looking into the past, to discover alternative and superior moral vocabularies with which to address our disagreements. 

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