Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Chat Room Chatter Draws Lawsuit
Law ^ | January 6, 2006 | Tresa Baldas

Posted on 01/06/2006 4:54:22 AM PST by beaversmom

Do the courts have jurisdiction over what people say in Internet chat rooms?

That question is being played out in what some lawyers claim is a first-of-its-kind lawsuit in Ohio, where a man claims he was humiliated online in an Internet chat room, and has filed a lawsuit over the incident.

The plaintiff, George Gillespie of Medina County, Ohio, is suing America Online for allegedly failing to do anything about the abuse he endured in the chat room, and the two chat room participants who allegedly caused him emotional distress by teasing him. Gillespie v. America Online, No. 05CIV1255 (Medina Co., Ohio, Ct. C.P.).

According to court documents, the chat room participants "acted in an outrageous manner, which they knew or should have known would cause serious emotional distress to the plaintiff ... The Defendants' conduct was so extreme and contemptible as to go beyond all possible bounds of decency."

AOL's lawyer, Michael S. Gordon of Columbus, Ohio, firm Vorys, Sater, Seymour and Pease's Cleveland office, declined comment.

UNCHARTED TERRITORY

Attorney Mark Tarallo, a lawyer with the Boston office of Holland & Knight who counsels companies on Internet matters, said "I haven't heard of anything like that." Tarallo believes that the lawyers in the Ohio case are venturing into uncharted territory and will face a tough battle, particularly in the fight with AOL. He noted that while there have been lawsuits where companies have sued individuals for posting derogatory comments about companies online, a third-party being sued over Internet chatter is unheard of.

"I think the plaintiff's lawyer is going to have an uphill battle. I don't know how you could say that AOL had some kind of obligation or duty to confirm [a statement] before allowing [a participant] to post it. It seems awful far-reaching to me," Tarallo said.

Gillespie's lawyer, A. Michelle Jackson of Oberholtzer, Filous & Lesiak in Medina, Ohio, did not return calls seeking comment. His other lawyer, Theodore Lesiak of the same firm, was unavailable for comment.

The individual defendants in the case, Mike Marlowe of Fayette, Ala., and Bob Charpentier of Salem, Ore., deny any wrongdoing. "I'm so flabbergasted with this because this has been blown out of proportion ... There were never any threats. We just made fun of the guy," said Marlowe, a 33-year-old welder who admits to teasing Gillespie over the Internet.

According to Marlowe, Gillespie alleged in his suit that Marlowe's harassment went beyond the Internet, and that Marlowe traveled all the way to Ohio from Alabama to file a change-of-address form for Gillespie just to disrupt his mail service.

Marlowe denied the allegation.

Charpentier, meanwhile, acting as his own attorney, filed a response and is considering a countersuit against Gillespie. A hearing is set for Jan. 10.

But whether people really believe message boards is a question posed by attorney Michael Lynn, a commercial trial lawyer at Lynn Tillotson & Pinker in Dallas who knows first-hand how tough it is to prove actual harm from comments posted on the Internet.

Two years ago, in a $700 million Internet defamation suit, Lynn successfully defended a Visa executive who was accused of posting derogatory comments about another company on Internet message boards, which allegedly lowered the company's stock price. ZixIt v. Visa, No. 99-10187-K (Dallas Co. Texas, Dist. Ct.).

In a four-week trial, Lynn convinced the jury that the statements were not enough to hurt the actual stock value given the vastness of the Internet.

"Our answer was that in the context of the entire stock market, connecting a statement in a chat room to a specific stock is largely impossible," Lynn said.

He expects similar arguments will be made in Gillespie's case.

"It would be difficult to prove that messages on a message board would really hurt someone's reputation in a community," Lynn said. "And how does anybody prove that they've actually been damaged as a result of a statement made in a chat room?"


TOPICS: Culture/Society; US: Ohio
KEYWORDS: cp; wahhhhmuch
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-93 next last
To: Phantom Lord

They all tend to blur together I guess. Who was the lawyer in Florida? Was that eschoir?


61 posted on 01/06/2006 8:56:48 AM PST by John O (God Save America (Please))
[ Post Reply | Private Reply | To 55 | View Replies]

To: Lazamataz; BadKittySF

WOOHOOO!!


Kitty, check this out... what do you think?


62 posted on 01/06/2006 9:03:04 AM PST by Dashing Dasher (Happy People don't hurt others for entertainment. Sick people do.)
[ Post Reply | Private Reply | To 54 | View Replies]

To: Dashing Dasher; beaversmom; doug from upland; unsychophant; Sam Hill; Howlin
It's ground breaking stuff! All of the chat rooms and message boards on the net aren't regulated right now, other than by the moderators. With regard to CP, defamation of character and emotional distress are causes of action that are difficult to prove. If the plaintiff of this case happens to win, that decision might easily be turned over on appeal, based on the Constitutional right to "free speech." The decision on this case (at the state court level and then on appeal) will largely depend on how severely the plaintiff was "damaged." I'm going to do more research and will get back to you on this one!
63 posted on 01/06/2006 9:24:48 AM PST by BadKittySF
[ Post Reply | Private Reply | To 62 | View Replies]

To: BadKittySF

Definitely keep us posted on this!


Good seeing you last night. Me and H went to Fuzio for dinner afterwards.


64 posted on 01/06/2006 9:33:14 AM PST by Dashing Dasher (Happy People don't hurt others for entertainment. Sick people do.)
[ Post Reply | Private Reply | To 63 | View Replies]

To: beaversmom
According to Marlowe, Gillespie alleged in his suit that Marlowe's harassment went beyond the Internet, and that Marlowe traveled all the way to Ohio from Alabama to file a change-of-address form for Gillespie just to disrupt his mail service.

========================================================================

If that is true, he should have criminal charges filed against the guy.

65 posted on 01/06/2006 9:37:20 AM PST by doug from upland (NEW YORK TIMES -- traitorous b*st*rds)
[ Post Reply | Private Reply | To 1 | View Replies]

To: John O

Bat Jack?


66 posted on 01/06/2006 9:51:24 AM PST by Howlin (Defeatism may have its partisan uses, but it is not justified by the facts. - GWB, 12/18/05)
[ Post Reply | Private Reply | To 61 | View Replies]

To: John O

http://www.freerepublic.com/focus/search?m=all;o=time;s=jack%20thompson


67 posted on 01/06/2006 9:53:04 AM PST by Howlin (Defeatism may have its partisan uses, but it is not justified by the facts. - GWB, 12/18/05)
[ Post Reply | Private Reply | To 61 | View Replies]

To: doug from upland

Oh, he'll have Federal Felony charges filed against him. I'm sure you all know that messing with mail is a Federal Offense! You aren't even supposed to drop a note into your neighbor's mailbox!!!


68 posted on 01/06/2006 9:54:39 AM PST by BadKittySF
[ Post Reply | Private Reply | To 65 | View Replies]

To: IncPen

I just want to let you and everyone here know that I have known InkPen almost my whole life, and I can tell you here that he is dirty, sneaky and will pee in your pocket every chance he gets, and if he denies what I just said, he is a stinking liar, so there!


69 posted on 01/06/2006 9:58:11 AM PST by Old Professer (Fix the problem, not the blame!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Phantom Lord

That's all because of how easy it is to claim "damages." I'm DEFINITELY in favor of TORT REFORM!!!


70 posted on 01/06/2006 10:02:44 AM PST by BadKittySF
[ Post Reply | Private Reply | To 50 | View Replies]

To: Old Professer
I just want to let you and everyone here know that I have known InkPen almost my whole life, and I can tell you here that he is dirty, sneaky and will pee in your pocket every chance he gets, and if he denies what I just said, he is a stinking liar, so there!

You have defamed me.

Get out your check book, this is going to hurt...

71 posted on 01/06/2006 10:33:00 AM PST by IncPen (Torture should be safe, legal, and rare.)
[ Post Reply | Private Reply | To 69 | View Replies]

To: Howlin

He's the one. What name did he go by here?


72 posted on 01/06/2006 10:39:18 AM PST by John O (God Save America (Please))
[ Post Reply | Private Reply | To 66 | View Replies]

To: IncPen

They took away all my pens and pencils, is it okay if I just wet my finger and smear it on this screen in front of me?


73 posted on 01/06/2006 10:46:16 AM PST by Old Professer (Fix the problem, not the blame!)
[ Post Reply | Private Reply | To 71 | View Replies]

To: martin_fierro

The plaintiff should prevail and be awarded a pacifier.


74 posted on 01/06/2006 11:19:48 AM PST by octobersky
[ Post Reply | Private Reply | To 45 | View Replies]

To: beaversmom
for allegedly failing to do anything about the abuse he endured in the chat room, and the two chat room participants who allegedly caused him emotional distress by teasing him.

It was later released that George Gillespie is in third grade. The two others were asked to stay in during recess

75 posted on 01/06/2006 11:33:18 AM PST by Bear_Slayer
[ Post Reply | Private Reply | To 1 | View Replies]

To: xsmommy; martin_fierro

I guess Word For The Day doesn't count in here. Longest running daily thread, but I guess that doesn't mean a lot. LOL! I guess we won't be in the class action litigation.


76 posted on 01/06/2006 11:58:12 AM PST by Slip18
[ Post Reply | Private Reply | To 46 | View Replies]

To: Phantom Lord

You're right, but I'm sure not giving out names. Litigated to death it what I'd be.


77 posted on 01/06/2006 12:01:37 PM PST by Slip18
[ Post Reply | Private Reply | To 55 | View Replies]

To: Toddsterpatriot; 1rudeboy
If in the past, my superior command of the facts, knowledge of subject matter and my rapier wit has caused any pain, humiliation, discomfit, bleeding, and/or swelling, please accept my apologies!!!
78 posted on 01/06/2006 3:34:28 PM PST by investigateworld (Abortion stops a beating heart)
[ Post Reply | Private Reply | To 77 | View Replies]

To: investigateworld
If in the past, my superior command of the facts

That is funny!!

79 posted on 01/06/2006 3:39:20 PM PST by Toddsterpatriot (How much for the large slurpee?)
[ Post Reply | Private Reply | To 78 | View Replies]

To: Toddsterpatriot

;^)


80 posted on 01/06/2006 3:42:09 PM PST by investigateworld (Abortion stops a beating heart)
[ Post Reply | Private Reply | To 79 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-93 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson