Week 4: Discussion One and Two Student Response

ThursdayMar 15 at 1:51pm

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With a website such as campustrashmouths.com, which is known to let people anonymously post about others, there seems to be little hope for Bob to reveal someone’s identity from the website. With the first amendment, it can let others voice their opinions on an online message board with little repercussions. The book states that, “While allegations of libel aimed at material carried online are fairly common, it is unusual for such allegations to result in full-blown lawsuits. These disputes typically are between private parties, and a settlement rather than a protracted court fight.” One of the reasons this website is popular is because it keeps the posters anonymous at all times. Bob did not like what was posted about him, so he wants to reveal the source, but unfortunately this website was made for things like this.

If Bob were to try and sue the website, then one argument would be that there are plenty of other comments on that website pertaining to others that are in the same situation. The website is based on opinions of others rather than stating facts. This is where Bob’s weak spot would be considered. Bob would have to prove that this comment on a trash talking website caused him emotional distress or harm. “The intentional infliction of emotional distress is a new tort and punishes a wide range of conduct, including the publication or broadcast of material that is outrageous and causes severe emotional distress. Courts have made it extremely difficult for plaintiffs to win such suits by placing a substantial burden of proof on the injured party.”

-Kendra

Pember, D. R., & Calvert, C. (2015). Mass media law. New York, NY: McGraw-Hill Education