In reaching these conclusions, the court acts from the conviction that risk of ridicule, of attracting defamatory attentions from his colleagues and even raucous demonstrations by an outraged public have ever been and remain the foreseeable lot of the serious artist, recalling among the most egregious examples Ruskin accusing Whistler of throwing a paint pot in the public’s face, the initial scorn showered upon the impressionists and, once they were digested, upon the Cubists, the derision greeting Bizet’s musical innovations credited with bringing about his death of a broken heart, the public riots occasioned by the first performance of Stravinsky’s Rite of Spring, and from the day Aristophanes labeled Euripides ‘a maker of ragamuffin mannequins’ the avalanche of disdain heaped upon writers: the press sending the author of Ode on a Grecian Urn ‘back to plasters, pills, and ointment boxes,’ finding Ibsen’s Ghosts ‘a loathsome sore unbandaged, a dirty act done publicly’ and Tolstoy’s Anna Karenina ‘sentimental rubbish,’ and in our own land the contempt accorded each succeeding work of Herman Melville, culminating in Moby Dick as ‘a huge dose of hyperbolical slang, maudlin sentimentalism and tragic-comic bubble and squeak,’ and since Melville’s time upon writers too numerous to mention. All this must most arguably in deed and intent affect the sales of their books and the reputations whereon rest their hopes of advances and future royalties, yet to the court’s knowledge none of this opprobrium however enviously and maliciously conceived and however stupid, careless, and ill informed in its publication has ever yet proved grounds for a successful action resulting in recovery from the marplot. In short, the artist is fair game and his cause is turmoil. To echo the words of Horace, Pictoribus atque poetis quidlibet audendi semper fuit aequa potestas, in this daring invention the artist comes among us not as the bearer of idées reçues embracing art as decoration or of the comfort of churchly beliefs enshrined in greeting card sentiments but rather in the aesthetic equivalent of one who comes on earth ‘not to send peace, but a sword.’