Punishment for Slander, Defamation

[Atlas' Mom]

My question involves defamation in the state of: Tennessee
If someone goes onto Facebook, post publicly (not in a private message) and calles someone by name (first, last and middle) something like rapest or child molester would that be slander...defamation and if so what can one do to punish them when it has gone before a judge and he has dismissed the case and the party was informed that they cannot in anyway try to sue or have the person detained not only by lack of evidence but by all witness' caught lying on the stand as stated in the judges ruling. There has been no loss of wages or employment

[Dogmatique]

It's a non-issue.

It's already gone before the court, the party was told that they have no case.

[Atlas' Mom]

Exactly but how do I get them to STOP posing such names on places such as Facebook...can people just go around posting such things...in this case warning someone to stay away because someone is a rapist or child molester when they have been found innocent

[Dogmatique]

Okay, let's back up.

So, the person was on trial and was acquitted - correct? How did the defamation issue end up before the court?

Or do you need to clarify?

[Atlas' Mom]

OK...the person has never been to court for defamation...the person she called a child molester did and was found innocent, but the person that accused him of molesting keeps posting on public forums that he is a child molester and warning family and friends to stay away from him.

[Dogmatique]

(He was found "not guilty" - it's not the same as innocent)

If he wishes to, he can speak with a local attorney. He should understand that a defamation action (even in the case of defamation per se) can be incredibly costly (think several years and tens of thousands of dollars), and most of the time he will never be able to collect on any judgment (unless she's quite wealthy).

If he thinks that he can prove that she is actually writing the posts and that they constitute harassment, he can approach local law enforcement about an anti-harassment order or the equivalent.

He can also report offensive posts to Facebook and the like.

[Atlas' Mom]

Hewas found innocent, it says so in the transcript, the accuser is in another state and we don't care about the cost and we don't want money...they don't have any to start with...that's what started this mess...they think that because they are nieces that they are entitled to what we have aquired in our marriage (life). I just want her to be made, ordered to stop posting such things...they were seen by family and friends and our daughter printed off the statements and threats. And I tried contacting facebook...they let her continue to post but they will remove them...too late then everyone has already seen it.

[Dogmatique]

Here's the reality:

He can go to court, sue her for defamation, be awarded a judgment and then what? Nothing will change, he'll be out tens of thousands of dollars and he'll have EVERYTHING aired in public. Every. Last. Thing.

What if she says, "That's not my Facebook account. I think he made it up to get me into trouble"?

Also, Tennessee does not have any criminal defamation statute. It would always be civil, and he needs to ask himself whether or not he really wants to fight this battle.

[Atlas' Mom]

well that would be hard for her to do considering some of the communication before they got upset, plus she has made sure that everyone knows it alreadys...unfortunately i don't want nor need her money, I want her like I said court ordered to stop and if that can't happen...well laws need to be changed here I think. Thank you so much for your help....