False Allegation of Racism

My question involves defamation in the state of:

Can you get the court to issue an order to remove a posting in which the poster is making a false allegation of racism against you?

http://browse.deviantart.com/?q=Romn...ck+it#/d5kbvwy

The poster going by the handle "ProfessorMegaman" made the following comment

"You're really making this personal. Do my words threaten you that much?
We keep this going any longer, you'll be calling me a "Socialist" or dare I say, "Coon Lover"."

And when I told him to prove that I was a racist, ProfessorMegaman said the burden of proof was on me. I went to deviantart to do something about this, and they banned me instead and then told me that I had to get a court order to get them to remove it. So, how can I go about doing that?

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And when I told him to prove that I wasn't a racist,

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so, does that mean you do claim to be a racist?

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Quoting jk

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so, does that mean you do claim to be a racist?

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That's a type-o. I meant to say:

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And when I told him to prove that I was a racist, ProfessorMegaman said the burden of proof was on me.

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megaman is entitled to his opinion. If he believes you are a racist, then that is his opinion. If you can argue it is defamation, then, if you are willing to spend a lot of money, you might be able to get the statement removed. How much money are you willing to throw at this?


I did a word search for "racist" in that entire thread and did not find the word used anywhere. Did I miss something?

You posted a silly comment online, the other person took it far more seriously than he should have, he didn't accuse you of racism, you pestered the site admins until they banned you, and now you wonder if you can sue?

If you weren't publicizing the comment, and attempting to depict it as somebody calling you a racist, how many fingers would I need to count the number of people who would even have noticed that the comment was made?

How many people see the name "CrossoverManiac" and know you you are in real life? How many care?

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Quoting You Know Who....

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Scumbag gonna scum. Nothing really stopping that. The problem is, as some here has already mentioned, is the judges that permit these cases to be heard. It's time we end lifetime appointment to judges. We need it even more so than term limits for the legislative branch. At least we have the chance to vote out a congressman every two years and senator every six years. Lifetime appointments breeds a mentally insane judicial system.

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"I did a word search for "racist" in that entire thread and did not find the word used anywhere."

He claimed I was willing to use the racist term 'coon lover'. Anyone that isn't trying to defend this guy's actions would see that he was making the charge. And no, it isn't his opinion. He is knowingly and willingly making a false statement (lying). I said nothing around race. He is the one who brought it up.

You chose to hide most of what you said. But his actual response to one of your hidden comments was,

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Quoting *ProfessorMegaman

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You're really making this personal. Do my words threaten you that much?
We keep this going any longer, you'll be calling me a "Socialist" or dare I say, "Coon Lover".

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He didn't call you a racist. As you've chosen to hide how you provoked those comments, we can't really say much more than that.

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Quoting Mr. Knowitall

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You posted a silly comment online, the other person took it far more seriously than he should have, he didn't accuse you of racism, you pestered the site admins until they banned you, and now you wonder if you can sue?

If you weren't publicizing the comment, and attempting to depict it as somebody calling you a racist

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Are you saying that 'coon lover' is not a racist term because he made the claim that I was willing to say such a thing?

- - - Updated - - -

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Quoting Mr. Knowitall

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You chose to hide most of what you said. But his actual response to one of your hidden comments was,

He didn't call you a racist. As you've chosen to hide how you provoked those comments, we can't really say much more than that.

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I didn't choose to hide my own comments. He's the one who hid them.

You do not have a legal right to be free from rude or crude comments. When you post on a public forum, be prepared for people to take exception to your comments from time to time.

Okay, let's cut to the chase.

Do you have $30K - $50K (if lucky) and five years (if quick) to throw at this issue?

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Quoting cdwjava

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You do not have a legal right to be free from rude or crude comments. When you post on a public forum, be prepared for people to take exception to your comments from time to time.

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A rude comment is cursing out a poster. I'm talking about ones that make false claims.

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Quoting cbg

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Okay, let's cut to the chase.

Do you have $30K - $50K (if lucky) and five years (if quick) to throw at this issue?

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And that's all I wanted to find out.

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Quoting CrossoverManiac

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A rude comment is cursing out a poster. I'm talking about ones that make false claims.

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Same difference. I've been called a Nazi, a communist (odd to be called both, I know), a fascist, a racist, a jack-booted thug, an abuser or women and babies, ad nauseum. None are true and none can be substantiated, but if I tried to address them through the legal system I would be broke and very frustrated because it just wouldn't happen.

You can be insulted and called names - even labeled - and have that label NOT be actionable.

Given that you DA account got banned after this, how much monetary damages can you prove are attributed to the defamation of your DA account name?

The subsequent banning is not actionable at all and cannot be counted towards this.

So you are going to be suing for the difference in money you would have made on DA had the other poster not called you racist between the time he called you racist and the time your account got banned?

Is that amount $0 I suspect it is.

He didn't call CrossoverManiac (CM) a racist - he commented on where CM appeared to be heading with the comments that CM deleted prior to posting here. Big difference.

It never ceases to amaze me how people deliberately misinterpret the English language to their own end (or whatever internal demons they have impelling them so to do).

Dude,

Your last post: "Are you saying that 'coon lover' is not a racist term because he made the claim that I was willing to say such a thing?"

And you can't even get this latest incarnation of what happened right.

You're in a lather/tizzy over something by twisting it. The person didn't call you a racist.

I'm not sure how many times you need to re-read your own conversation with this person (someone else has observed that certain portions of a conversation were hidden/deleted by WHOMever), but the person was suggesting that if you two kept at whatever thread/argument it was that you were engaged in, the person observed that the "next thing you know, you'll be calling me X-Y-Z ('coon lover')."

That may NOT reasonably be interpreted as this person calling you a racist. Even if they DID, it IS this person's opinion, right or wrong. Never mind that you haven't established how you've been damaged by this (someone pointed out that you haven't even said a huge swath of folks knows who you are in "real life" and, say, you've lost your job because of it).

Get thee back to school, because you're a dolt (yes, that's my opinion and no, it's not defamatory/actionable). Better, it sounds like you need to talk with someone about what's up with you that are injecting things with X. Typically, a therapist will say you are creating chaos where none exists so that you can avoid/divert yourself from the hard work of dealing with Y actual issues.