Posting To Public Forum vs Freedom Of Speech

[Cissy]

I reside in PA and recently posted to a public on-line forum, did not use my name or the names of the persons I was venting about, just recent events. This posts created alot of response by other posters that never revealed the names of these people or made personal threats about them either. The persons I spoke of are now going around threating they have a lawyer and claim they are obtaining the idenity of the poster and are going to sue and these comments are going to cost this person $10,000, plus they claim their names were posted and obscene vulgar comments were made when in fact they were not. How is it possible to obtain a subpeona for the on-line forum to release my idenity for comments that did not contain actual names or threats of any kind? Wouldn't a subpeona of this nature be in violation of freedom of speech and are these grounds enough for a judge to warrant a subpeona to release personal contact information? Would a lawyer really jeopardize his practice when no monentary harm has been done? The on-line forum has it's own policies that I did not violate, in fact they did not delete my posts or issue me any warnings about my posts. A comment in response to mine, that was threating in nature was deleted by the admins forum hours after it was posted (they pretty much admitted they were the ones the venting was about), the next day another post was added telling my user name that I was to retain a lawyer because the truth will be revealed. This was when I notified the on-line form to delete all comments and my account bacause I felt like I was threatend and my posts were deleted with-in the hour. Should I really retain a lawyer or are these just empty threats so this person can find out who posted these comments, and can you really be sued over personal opinions about events (in regards to a divorce and custody) because someone made comments about you that you didn't like?

[LawResearcherMissy]

Wouldn't a subpeona of this nature be in violation of freedom of speech and are these grounds enough for a judge to warrant a subpeona to release personal contact information?

You have no inherent right to "freedom of speech" on an internet forum. The First Amendment does not mean you can say anything you want, anywhere you want, with no consequences whatsoever.

It means that the government can't tell you to shut up and that you can expound upon your political beliefs all the live-long day without fear of government reprisal.

It does not mean that no one else can tell you to shut up.

Are the threats empty? Maybe, maybe not. Elsewhere in this forum, we've got a fella being sued simply for being in a chat room where a third party posted a screen name mocking the plaintiff.

can you really be sued over personal opinions about events (in regards to a divorce and custody) because someone made comments about you that you didn't like?

Of course you can. You can be sued for ANYTHING. The question is will the other party prevail.

That would depend on what was said, and whether or not the aggrieved parties made screenshots.

"Venting" about somebody's divorce and custody situation in a public forum is not necessarily protected speech. I wouldn't retain a lawyer just yet, but I wouldn't dismiss the potential need for one out of hand, either. It's really going to depend on how much money and free time the people you've offended have.

A good rule of thumb for future internet discourse might be to not post anything under a pseudonym that you'd never post under your own name.

[Cissy]

thank you for the posting, I have researched this further, it would be called slander and to file and win a suit is very expensive, from what I read they have to prove the "venting" is false and monetary loss and suffering resulted from the comments. He claims to of unmasked the poster but the false comments and monetary loss don't apply in this situation, does this person really have a case? I never acted upon a comment that I was going to make a phone to report a concern so they couldn' t make grounds on loss of that either, plus this poster has told their kids to harrass mine ( which they are doing )to admit I was the poster, then said they have my email and now were gonna be sued for 10,000 - wouldn't comments like these have a negative impact on his suit if he really had grounds to file one?

[Cissy]

ok, I have another detail that I think would jeopardize this person from winning the lawsuit, they posted responses under 2 different user names, one attacking me personally with out stating name, then under the other one telling me to retain a lawyer, doesn't this cancel out his slander because he slandered back, on the same forum?

[las365]

The information you have provided is too vague for anyone to tell you whether a suit against you would be successful.

I never acted upon a comment that I was going to make a phone to report a concern

So you threatened to call CPS? You were accusing them of being neglectful or abusive? That could be considered defamatory. Is it true? If so, why didn't you act?

This sounds like a personal squabble that got out of hand and made its way online. How repugnant that the children have been dragged into it.

All of you need to grow up and MYOB, in my opinion.

[LawResearcherMissy]

doesn't this cancel out his slander because he slandered back, on the same forum?

No. It makes the lot of you look ridiculous to the judge. Seriously. "She called me names back!" is not a defense.

All of you need to grow up and MYOB, in my opinion.

Hear, hear.

I own a number of forums, and don't have time or patience for such antics. I just lay down the banhammer and quiet things down so the grown-ups can get back to talking.