Dear Ms. Otremba and Ms. Osgood:
You have released to the press a statement that you submitted to Judge Roanne Sragow at the conclusion of the recent trial of Toni Marie Angeli. I have obtained a copy of that statement, and I find some of the statements therein most troubling, and possibly deliberately insulting, both to me personally and to the National Writers Union.
Referring to Ms. Angeli, you say "she and her supporters have appeared on numerous news and talk shows to excoriate us at Zona for allegedly trampling on her civil rights." You immediately follow this by saying, "As a result of this campaign of distortion..."
To the best of my current knowledge, only three people have appeared on news or talk shows and made statements critical of Zona: attorney Harvey Silverglate, one of the most respected First Amendment lawyers in the country (News Night and NBC's Dateline); the eminent photographer Elsa Dorfman (local TV news programs); and myself on behalf of the National Writers Union (Consider This on WABU-TV and Day and Date on CBS, where I was erroneously identified as representing only the Boston Coalition for Freedom of Expression).
Although Elsa Dorfman and I stated that we believe that Zona made a serious mistake (and I now believe this more strongly than ever), Mr. Silverglate calmly pointed out courses of action that would have been more rational and appropriate. No reasonable person would categorize our statements as "excoriating" or a "campaign of distortion." Your claim to the contrary, while perhaps not libel in the legal sense, is in my opinion libel in the moral sense.
I do not think Zona furthers its cause by submitting untruthful statements in a court of law and releasing them to the press. Mr. Silverglate and Ms. Dorfman may ask for their own apology. I ask for a personal apology, and an apology to the National Writers Union.
The National Writers Union is a labor union representing over 4,000 freelance writers nationwide. We comprise journalists, book authors, poets, fiction writers, business and technical writers, academics, cartoonists, and others. On our membership list are some of the most distinguished names in American letters. We are affiliated with the UAW as Local 1981.
According to our constitution, the "National Writers Union is committed to freedom of expression in all media, including print, film, and electronic media of any sort." If a mother can not take innocent pictures of her own child for a Harvard photography class without bringing the force of the state and the legal system down hard upon her, then we might just as well go ahead and repeal the First Amendment.
For some years now, I have chaired the NWU Political Issues Committee nationally, and I fight censorship on behalf of the union. Therefore, I have the advantage of being very aware of how advocates for censorship have created a moral panic so that expression can be unconstitutionally limited in the name of "protecting" children. A great many decent and well-meaning people have fallen victim to this campaign of disinformation. Good people, such as yourselves, now look at innocent pictures and see abuse and perversion where none exists. This is tragic.
Because Zona did make a serious mistake, I am not surprised that you have received angry letters and phone calls, or that some customers have decided to take their business elsewhere. Although I certainly disapprove of harassment, I hope you will agree with me that we all still have the Constitutional right to express our opinions and to make our own decisions about where to do business. Therefore, I hope you will rethink your own "campaign of distortion" against those of us who disagree with Zona's handling of Toni Marie Angeli's innocent photographs.
Until December 31, 1995, I had never heard of Toni Marie Angeli or of Zona Labs. I have no personal stake in this matter. The courtesy of a reply is requested.
Sincerely,
Robert B. Chatelle, Political Issues Chair
cc: Emily Bass, Esq.; Harvey Silverglate, Esq.; Elsa Dorfman; John Swomley, Esq.; and others