Until her Supreme Court nomination turned Elena Kagan into big-time news fodder, there was not an abundance of great pictures of her to be found on the Web. Among the better ones to be found were a couple I had posted on Flickr a couple years ago, when she was still Dean of Harvard Law School. Here’s one. Here’s another.
The second of those (cropped a bit) was put up on Wikimedia Commons, and for awhile accompanied her Wikipedia entry, and continues to be used in a number of places.
Both shots have a Creative Commons Attribution Share-Alike 2.0 license, meaning anybody can use it, and should also give me credit for having shot it. And both shots have appeared since then in many publications. Some, like Wikipedia, do a good job of following the license. Some, for example Outside the Beltway — in this piece stirring the shit about Ms. Kagan while accusing CBS and other news organizations of bad journalistic practices — do not.
None of that is troubling, or even very interesting. Instead what prompts this post is a comment under one of the two photos, from an entity called TEA PARTY LEADER. It’s a diatribe that verges on hate speech, but (in my amateur judgment) doesn’t quite cross the line. The question for me, when I saw the comment, was Should I kill it?
My photo pile on Flickr isn’t a public space. It welcomes comments to the degree that it simply allows them. It has no rules (of my own or defaulted by Flickr) regarding comments, beyond the ability Flickr provides for editing or deleting them.
I asked fellow Berkman Fellows list for their thoughts, and those went both ways. Some said the space is mine to manage, and if somebody is rudely spamming the premises I should feel free to delete their icky work. Others said doing so indeed would violate free speech principles, even if I would be within my rights in doing so. I was also probed with questions about whether I would delete the comment if its positions were more agreeable to me — though with manners just as rude.
I’ve been inclined from the start toward leaving it up, and that’s where I’m staying. But in the meantime I thought I’d pass along the same questions.
What would you do, and why?