School Sues Student for Facebook "Suck Site"

The Chicago Tribune reported that Facebook “suck sites” will soon be tested in court.

Student Nicholas Blacconiere created a Facebook page mocking teachers and classes at Salon Professional Academy of Elgin. Now school administrators have sued Blacconiere in Illinois state court for unauthorized use of the school’s logo, and for emotional damage caused by defamatory comments on the page.  According to the newspaper, there are no known cases in which a school sought monetary damages from a student who mocked teachers online (although there have been cases of online harassment and cyber-bullying, as well as criminal cases involving cyber-stalking, threats, and hate speech).

The Tribune cited one expert who pointed out that some states have statutes under which parents can be held liable for their children’s intentional, harmful acts.  (One more reason parents should pay close attention to their kids’ online activities.)

Helen A.S. Popkin offers her take on the case in a cleverly written article on MSNBC.  As she points out: "While the medium of expression has changed over the years — from the cover of one’s Mead Trapper Keeper to Facebook and other Internet-loitering spots — proclaiming the suckitude of one’s school is an ancient rite of passage. It may even be necessary for growing personalities to assert such independence, according to some experts. The change of venue, however, has led to myriad lawsuits involving disgruntled students and the schools that punish them."

Chicago Woman Sues Bullies Over Fake Facebook Profile of Her Son

On September 24, 2009, Laura Cook filed a suit on behalf of her son after four other students created a fake profile of the boy -- with his actual cell phone number, photos, and defamatory remarks. The defendants' posts suggested the boy liked to engage in homosexual acts, and they also sent "disturbing, vulgar and sexual comments to a few girls."

At one point, the fake profile had 580 "friends" -- many who knew the boy. Some of the users recognized the profile as a prank, but some believed it really belonged to Cook's son. This kind of humiliation, broadcast to 580 peers, would be pretty traumatic to any kid -- but because this student participates in athletics at state, regional, and national levels, the damage to his reputation is particularly significant.

Cook alleges five claims: defamation per se, defamation per quod, false light, intentional infliction of emotional distress, and injunctive relief.

The nature and extent of publication factors into the damages calculation in defamation actions. Suddenly "580 Facebook friends"-worth of damages probably doesn't seem too funny to these four little bullies anymore.

The story, as reported by the Chicago Sun-Times:
Mother sues over defamatory fake Facebook profile of son :: CHICAGO SUN-TIMES :: Metro & Tri-State

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Business Owner Slapped with $2 Million Libel Suit for Facebook and Twitter Posts

On October 2, 2009, a Knoxville, Tennessee news source reported that restaurant owner Travis Redmon faces a $2 million libel lawsuit because of comments he made on Facebook and Twitter.

The Low & Tritt marketing firm says Redmon defamed the company by saying things like, "Do not ever use Low & Tritt marketing firm!" He also called firm officials "crooks."

Greater circulation of defamatory statements means more damage to reputation. Publishing allegedly libelous statements to his 310 Twitter followers and 279 Facebook fans meant quick publication of the comments to a big crowd -- which increases any potential damages in this kind of case. Good lesson here: think before you post.

  Check out the story here.

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