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Fragments from the Mind's Eye
date posted: Oct 11, 2006 10:37 AM
Jury awards $11.3M over defamatory Internet posts
An interesting story from USA Today. Trolls beware...

Jury awards $11.3M over defamatory Internet posts
By Laura Parker, USA TODAY

A Florida woman has been awarded $11.3 million in a defamation lawsuit against a Louisiana woman who posted messages on the Internet accusing her of being a "crook," a "con artist" and a "fraud."

Legal analysts say the Sept. 19 award by a jury in Broward County, Fla. - first reported Friday by the Daily Business Review - represents the largest such judgment over postings on an Internet blog or message board. Lyrissa Lidsky, a University of Florida law professor who specializes in free-speech issues, calls the award "astonishing."


Read the rest here.

ph

  BountyHunterBossk421
date Posted: Oct 11, 2006 11:14 AM
ouch
jedilily1026
Years Matter Not (Gone Crazy...Be Back Soon)
date Posted: Oct 11, 2006 11:18 AM
Florida has been in the news a lot lately!!!
nob01
Oil Bath Bubbles
date Posted: Oct 11, 2006 11:43 AM
That's a ridiculous, ridiculous amount to award (even if it is symbolic only).
Man, I love my adopted country and all, but the justice system over here is whack.
The Dark Moose
Moose Poodoo
date Posted: Oct 11, 2006 12:11 PM
On the flipside, I think the award demonstrates that threats inherent to a broadcast medium like the Internet, when viewed as an instrument of widespread damage, is being taken seriously.

There's a balance to be struck, to be sure. But for the longest time, it seems like people of all types viewed their own accountability as marginal, maybe because of perceived anonymity, or just because of the disconnection of the online environment. I think there are still private and public forums of discussion (its not all fair game, in other words), mind you, but this just shows that in some cases there are serious reprocussions, just as there is in the offline world.

DM out
  yoda´s waiter
Not if anything to say about it I have!
date Posted: Oct 11, 2006 12:51 PM
For a while there, I thought America was loosing its touch when it came to frivolous lawsuits and then it comes roaring back ;)

Seriously though, I agree with Moose that this has set a precedent, but I also agree with Nob. The amount rewarded is ridicolous. I've seen people called worse on the boards.

But at the end of the day, it's just words on a screen and if you don't like it, just press the OFF button.
Granny-Wan
I Am NOT an Old Fossil!
date Posted: Oct 11, 2006 1:29 PM
After reading the entire article, I think we ought to take note of a couple of things... the defendant had no attornety, and did not appear at the trial. So, judgement was by default (the plaintiff can get whatever she asekd for).

Also, the two people involved had previously been involved in a business transaction which is what led to the name-calling. This wasn't just two people having a disagreement online like occurs on a forum such as this one.

The plaintiff could conceivably have suffered damage to her business reputation, thus giving the lawsuit merit. Of course, $11 million is ridculous, no one could lose that much in business.

Just my observations, of course...don't sue me, I'm broke.... B-)
  independentjac
"How long can any man fight the darkness, before he finds it in himselft?"
date Posted: Oct 11, 2006 3:07 PM

Jury awards $11.3M over defamatory Internet posts


uh-uh-uh-uh-eleven MILLION!?!?!?!
I hope she can afford to pay that, I am sure she has :Being Sued Insurance", like we all do.
Granny-Wan
I Am NOT an Old Fossil!
date Posted: Oct 11, 2006 3:50 PM
I hope she can afford to pay that,

The news article says she has nothing. The plaintiff will never see a dime, IMO.
  greenandwhitejedi
Bar 66
date Posted: Oct 11, 2006 3:57 PM
Kind of makes one wistful about the days when these sorts of things were settled with pistols at dawn.
  Aurin_Starkiller
date Posted: Oct 11, 2006 6:28 PM
Kind of makes one wistful about the days when these sorts of things were settled with pistols at dawn.

Or settle it over a friendly game of sabaac in a darkened cantina... ;)

God Bless,

May the Force be with you...
jkthunder
Seven Pieces
date Posted: Oct 11, 2006 7:56 PM
There you have it kids. Play nice, don't be a troll and don't flame thy fellow posters - they might have a good lawyer ;)
  darthmabus333
date Posted: Oct 11, 2006 8:44 PM
What some people will do for money these days...
gencrs
Technical Manuals from The GFFA
date Posted: Oct 11, 2006 10:52 PM
Granny-Wan made a good point. These two people were involved in a business arrangement, so they actually met and knew each other. I know that some of the people here have made personal contact, but I'm sure they are in the minority. Anyway, be careful of what you post.

R, TFWBWY, A.
B-)
  Darth_Fritz
date Posted: Oct 12, 2006 12:38 AM
You know, it's funny. By winning this court case, she proved the libel to be true, she is a con artist, a crook, a fraud, and everything else.

Is she gonna read this? Oh well, I'm in Korea, come and get me!!!!

]:)
  Oboe-Wan
Oboe-Wan's Hive of Scum & Villainy
date Posted: Oct 12, 2006 8:19 AM
c'mon, someone call me a booger. C'mon!!

Seriously. I need a new yacht.
nob01
Oil Bath Bubbles
date Posted: Oct 12, 2006 10:38 AM
Seriously. I need a new yacht.
Yeah, I just realized how you suckered us in on your last blog :)

As an aside, DM makes some valid points, and I got down off my soapbox long enough to digest them, but one should ask if this is indeed setting a precident, or opening the flood gates, IMDb could become a breeding ground for lawsuits...

It seems like definitions are being rewritten every day - Free speech? Slander?

Actually, the more I write this, the more I realise I am on shaky ground, as this was case where someone's business was affected - but there's the germ of an argument here :)
  Lord Darkleaf
Tales from the Spice Mines
date Posted: Oct 12, 2006 11:08 AM
This lawsuit proving once more that in America, you can sue whoever you want, for whatever reason, for any sum of money and pretty much get away with it.
  Sithlord1550
date Posted: Oct 12, 2006 12:45 PM
yea thats a lot of money.:O
  Hoppy Har Ghost
The Cormyrean Jedi's Holojournal
date Posted: Oct 12, 2006 5:10 PM
Man, I love my adopted country and all, but the justice system over here is whack.
I would agree, but I'm from America.
  Crazy_Jedi_Ducky_00
date Posted: Oct 12, 2006 7:03 PM
I should start sueing kids at highschool for all the stuff they said about me that ruined my rep than. Come on 11 million everyone has had stuff told about them. Celbs should sue tabloids too.
  Blackhawk003
The Enigmatic Waterfowl
date Posted: Oct 12, 2006 7:31 PM
Oboe-Wan's a booger.


I'll go call my lawyer.
NerfHerdersAnonymous
Life, the Star Wars Universe and Everything
date Posted: Oct 12, 2006 9:06 PM
On the flipside, I think the award demonstrates that threats inherent to a broadcast medium like the Internet, when viewed as an instrument of widespread damage, is being taken seriously.

There's a balance to be struck, to be sure. But for the longest time, it seems like people of all types viewed their own accountability as marginal, maybe because of perceived anonymity, or just because of the disconnection of the online environment. I think there are still private and public forums of discussion (its not all fair game, in other words), mind you, but this just shows that in some cases there are serious reprocussions, just as there is in the offline world.

DM out


Exactly
  TrabbinC
date Posted: Oct 12, 2006 9:09 PM
Meh. This is hardly surprising anymore. As if the plaintif will see cash...

In other news:

Honestly, what I wanted to see was a visual hook. Raal laid out who would travel with who. But to see Raal and Kes in the same ship as a contradiction would've been a thing -- though it would've taken away from her internal and very isolated monologue. And would've set those two up too quickly. Yeah, you did right. Never mind me.
JoeC
Star Wars Conventions
date Posted: Oct 13, 2006 5:48 AM
This is a scary situation! Just think if it happened to that woman. It can happen to anyone in this country. It has me shaken inside. I know I have argued with some members of a forum at rebelscum and star wars in the past. Never would of thought someone would go all the way to hire a lawyer and sue someone for that and even be awarded that much. I guess I better watch what I say from now on. Makes you think! What is the world coming to these days when people sue because of words on a internet message board. Usually if someone did that to me I would ignore them or leave the website. Then again I have never called anyone names on a message board.
TDHArtist
Who's the slow, red-headed kid?
date Posted: Oct 13, 2006 6:37 AM
SWEET! I can go after everyone whose called me a "hack"! ;)
  Dark_Lord_of_the_Kupo
date Posted: Oct 13, 2006 9:57 AM
Whooooo!
Broward County represent!
B-)
That is all.

-LFL
The Dark Moose
Moose Poodoo
date Posted: Oct 13, 2006 10:28 AM
It seems like definitions are being rewritten every day - Free speech? Slander?

The way I look at it, free speech continues (although lately, it has taken its share of bodyblows), in much the same way it always has - our right to it is protected until such time as exercising it infringes on other people's rights. There is a difference between idle opinion and an attempt to impact someone else's life negatively.

That's the way its been in the real world for a long time, and that's the way the perception of the Internet is catching up to reality. The days of the Wild Wild Web are fading into something more...civilized.
  Ello137
Apocalypse Later
date Posted: Oct 13, 2006 1:20 PM
The ruling makes more sense in terms of something else: the defamatory comments were posted on the first site that ANY of the plaintiff's clients would visit. The legal damages are measurable, and important. Nobody on this site can possibly get sued for the same thing. (Well, maybe. But dissing another blogger isn't enough. An author, maybe)
nob01
Oil Bath Bubbles
date Posted: Oct 13, 2006 9:15 PM
That's the way its been in the real world for a long time, and that's the way the perception of the Internet is catching up to reality.
See, I knew I was shaky ground - lol :)
jedivan2
Jedivan's Viewpoint
date Posted: Oct 20, 2006 7:12 PM
That's a ridiculous, ridiculous amount to award (even if it is symbolic only).
Man, I love my adopted country and all, but the justice system over here is whack.


I beg to differ. Freedom of speech in the United States is, by the very nature of speech, limited. For example, the 1st Amendment to the U.S. Constitution does not give someone the right to yell "fire" in a crowded room. Nor does it give someone the right to libel or slander someone else. Slander is spoken falsehoods intended to defame or harm a person and/or their reputation. Libel is the same thing, only published. Juries in the U.S. have awarded similar sums of money in libel suits before. (continued)
jedivan2
Jedivan's Viewpoint
date Posted: Oct 20, 2006 7:12 PM
What's unique about this case is that it appears to be the first time a jury has awarded damages based on items published online and that the defendant wasn't in court at the time of judgement. In this case, I feel that the court should have made sure that the defendant was available to present her side of the story before the jury reached a verdict, but really I have no quarrel with the sum awarded. Let this be a lesson to those who publish items either on or off the internet. Libelous comments have no place in published dialogue!
jedivan2
Jedivan's Viewpoint
date Posted: Oct 20, 2006 7:14 PM
Celbs should sue tabloids too.

In case you haven't noticed, celeberties sue tabloids all the time and win. (It makes me wonder where tabloids find the money to continue publishing. :) )
  Brownsville
date Posted: Oct 22, 2006 9:14 AM
I feel that the court should have made sure that the defendant was available to present her side of the story before the jury reached a verdict

That was the surprising part for me. Obviously, defendants (and sometimes plaintiffs!) don't turn up for court for nefarious reasons, but surely someone had noticed the big hurricane. A bit more effort be made to locate the defendant than sending a couple of letters to her old address...

A sensible judge should have simply refused to set a trail date until the defendant had been contacted. The ruling is only going to end up being appealed, wasting everyone's time.

Not to say she wasn't in the wrong! After all, she received the service she asked for.
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