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Someone posted a Facebook comment that said the Mayor-elect of my town and another guy were gay lovers. Is that a form of libel? Could they sue the poster over the comment?
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"I lingered round them, under that benign sky: watched the moths fluttering among the heath and harebells, listened to the soft wind breathing through the grass, and wondered how any one could ever imagine unquiet slumbers for the sleepers in that quiet earth." -
It certainly feels that way. But I'm distrustful of that feeling and am curious about evidence. -
It isnt true.Originally posted by TranaGreg View Postwhy, is there something wrong with having a gay lover?
"I lingered round them, under that benign sky: watched the moths fluttering among the heath and harebells, listened to the soft wind breathing through the grass, and wondered how any one could ever imagine unquiet slumbers for the sleepers in that quiet earth."Comment
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I'm sure Redbirds can give a better answer from the legal perspective, but isn't this just par for the course these days. As for the veracity of Facebook posts, well, that's a horse of another color. If you run for public office, sadly, there is always some idiot willing to besmirch anothers character or morals. You open yourself to all kinds of crazy speculation. Is it fair, nope, is it illegal, who knows. Burden of proof seems to be on the besmirched to prove their emery wrong.Originally posted by Mithrandir View Post
Were you paying any attention to the recent Presidential Election or post election?I know in my heart that man is good. That what is right will always eventually triumph and there is purpose and worth to each and every life.
Ronald ReaganComment
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ASHEVILLE, N.C. — A false remark on a Facebook posting that implied a woman got drunk and caused the death of her child has resulted in a $500,000 defamation lawsuit settlement, which one law professor describes as a "stunning" amount.
Asheville resident Davyne Dial, the general manager of the low-wattage radio station WPVM, sued Jacquelyn Hammond over the Nov. 5, 2015, posting on the social media website, claiming defamation, intentional infliction of emotional distress and negligent infliction of emotional distress. The two knew each other through their efforts, at one point, to gain control over the radio station, Dial said.
On Wednesday, a Buncombe County Superior Court judge signed off on the consent judgment, which awarded Dial $250,000 in actual damages and $250,000 in punitive damages, for a total judgment of $500,000.
Michael D. Green, a professor at Wake Forest University School of Law who specializes in tort law, said he was "stunned" by the dollar amount in the settlement.
"That is extraordinarily rare to have a private defamation suit to result in a recovery of that magnitude," Green said. "I am astonished, because as I'm sure you're aware, if I whack somebody with my automobile, or somebody comes to my house and suffers a really serious injury, I'm insured for that. But libel is not covered by any insurance that an individual would normally have."Comment
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I think the intentional infliction of emotional distress here is the issue...
I could get fed up with you and hammer making deal after deal with each other in a fantasy league and say "looking at all these trades, I'm thinking they are gay lovers." It's stupid, but my intent isn't to cause emotional distress... it's a lame way of complaining about you two only trading with each other. Not sure who the mayor's "gay lover" is, but if it's a snarky political comment, I think that's protected, if it's actually aimed at creating a rumor that will defame his character (?) then maybe it's an issue.
Still waiting on redbirds...I'm not expecting to grow flowers in the desert...Comment
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I like to be more certain about legal matters before I chime in, but I haven't dealt with defamation (libel, slander) cases much in my career because I just never cared for them.Originally posted by heyelander View Post
Generally, the answer is "yes", because anyone can sue anyone else for anything. It just takes a piece of paper and a crayon to write up the complaint. But I know the real question was can a person sue someone successfully for posting this kind of thing.
Still, the answer is generally "yes".
Libel laws are different in each state. Almost every state, however, has a concept called "libel per se". What this means is that there are certain things you can say about a person that are considered to be so bad, so socially unacceptable, that they are considered to be civil wrongs even if damages cannot be proven. Historically this has included claims that the other person is a criminal; infected with a loathesome disease such as leprosy; an adulterer; and, yes, a homosexual. So, in this case, the elements of proof would be 1) allegation of homosexuality, 2) published to one or more persons. Nominal damages would be presumed, but actual or punitive damages could be awarded.
Caveats: Laws vary from state to state, and homosexuality is not "per se" libel in some states anymore. Truth is usually an absolute defense. Acutal damages are a bitch to prove. If the plaintiff is a public figure, proof of actual malice may be required under the Sullivan case.
Somebody mentioned intentional infliction of emotional distress. Oddly, many states require some type of physical harm, or at least offensive contact, to support that claim.
(There is also in some states what is called "false light invasion of privacy". In 1992, a 96-year old Arkansas woman successfully sued tabloid for claiming she was a 101-year old woman forced to quit her paper route because she had gotten pregnant. She was not, and she had not. She had run a newsstand for 30 years until failing health made her give it up. A federal court awared her $1.5 milliion.)
Some people think they are anonymous on the internet, or think their words have no consequences. I would advise my clients that these are dangerous assumptions.If we extend unlimited tolerance even to those who are intolerant, if we are not prepared to defend a tolerant society against the onslaught of the intolerant, then the tolerant will be destroyed, and tolerance with them. - Karl PopperComment
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