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  1. #1
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    Dec 2012
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    Unhappy Defamation of a Minor on Facebook

    My question involves defamation in the state of: Pennsylvania

    A parent (who I do not know at all) posted on her Facebook page that my 15 year old son was threatening the school by name. Another child had recently been brought up on charges. She posted with my son's name that he had said he would take up where the other boy left off. NONE of this was true - the school had dealt with the comment that was overheard by some STUDENTS (not the said adult, who was going off the word of what she had heard from some teens at the school). He issued NO threat to the school once so ever, and she then went on to post she was protecting the students by posting this false accusation.

    The police were no help to me as they said it involved free speech and Facebook...I reported her to Facebook, with no answer as of yet. As a side note in light of the recent events in CT, my son is Aspeberger's and I feel he may have been singled out by this woman because of that He has NO history of violence at the school at ALL, and in fact the subject of bullying which we try to deal with within the school.

    What can I do here?? Can I do anything?? I cannot afford a lawyer and I sincerely need help with this. It has made life at the school so much worse for my son, and he was doing soooo much better this year with the help of an IEP and early entry into the Electronics program which he loves but has had to miss due to this issue. My son and our family are emotionally so hurt that someone who doesn't know him or have her facts straight is saying this about our son.

    Please help if you can, i have contacted everyone I can but I don't know how to deal with this person - I have not said anything to her regarding this as she made sarcastic and rude remarks regarding any form of apology on her behalf - thank you so much for listening!!

  2. #2
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    Default Re: Defamation of a Minor on Facebook

    If you can't afford an attorney, all I can suggest is asking the school and school board to counsel parents not to mouth off simply based on (incorrect) comments from other teens.

    I'd feel free to ask around locally with attorneys to see whether someone would take on a letter to her demanding that she retract the comment and pointing out what the consequences of a libel per se suit would be. (Technically, what she did is declare that your son committed a criminal act by effectively saying that he'd made a criminal threat (since it seems fair to presume this other child faces charges because his threat was deemed criminal in nature.)

    I'd also feel free to pester someone higher up the food chain with law enforcement, as well as *write* to (and call) your legislative representatives seeking assistance.

  3. #3
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    Default Re: Defamation of a Minor on Facebook

    The police CANNOT help OP as it is NOT a criminal matter. And asking her legislative rep to intervene? Really? On what grounds and with what authority?

    The school also CANNOT help OP unless it was school employee who made the statement. Since it was not, they have no control over what a concerned or possibly ignorant person says.

  4. #4
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    Unhappy Re: Defamation of a Minor on Facebook

    Quote Quoting Foster_Foster
    View Post
    If you can't afford an attorney, all I can suggest is asking the school and school board to counsel parents not to mouth off simply based on (incorrect) comments from other teens.

    I'd feel free to ask around locally with attorneys to see whether someone would take on a letter to her demanding that she retract the comment and pointing out what the consequences of a libel per se suit would be. (Technically, what she did is declare that your son committed a criminal act by effectively saying that he'd made a criminal threat (since it seems fair to presume this other child faces charges because his threat was deemed criminal in nature.)

    I'd also feel free to pester someone higher up the food chain with law enforcement, as well as *write* to (and call) your legislative representatives seeking assistance.
    I do have a local attorney who handled my dad's estate, I may be able to get him to help me at least point me in the right direction - the principal of the school has said he will talk to the parent involved, but knowing her sarcastic manner regarding this, I do not know if that will help. I went to the State Police and they definitely will NOT handle any case involving Facebook, sadly, I also contacted local police to make them aware of the situation. The one thing that worries me besides cost with contacting an attorney is that somehow this could make things worse for my son. Today at school, several kids harassed him regarding this - and he did as the school instructed and told the principal directly. I know that this woman is standing by what she said, despite the fact she is wrong. She removed the post from Facebook, and had her profile private, so I was not able to see it myself .... would this make it impossible to pursue any action?? My sister in law who is a cop in NV was the one who originally saw the post - but the woman has written to several family members saying that she said it and had the right to do so.....I am so scared. My son is being forced to go to a school where he is now the unwelcome center of attention, despite the school's efforts - I have never even been in a court for anything before, and I am so scared of this whole thing. Thank you both so much for responding!! I need help bad before this gets worse

    - - - Updated - - -

    Quote Quoting free9man
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    The police CANNOT help OP as it is NOT a criminal matter. And asking her legislative rep to intervene? Really? On what grounds and with what authority?

    The school also CANNOT help OP unless it was school employee who made the statement. Since it was not, they have no control over what a concerned or possibly ignorant person says.
    I completely see what you are saying.....she is a parent and not a teacher, and law enforcement has been no help no matter who I talk to Thanks for responding!!

  5. #5
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    Default Re: Defamation of a Minor on Facebook

    I suspect that law enforcement has not been any help because there appears to be no crime they can deal with.

    The probem is that the person posting this information can likely fall back on freedom of speech. Plus, it might be impossible to prove that your son never made any such statement. You said that the statement (or some statement) was overheard by some other students and that they reported it. If so, then it seems that here is some validity. Unless you could show that this woman knowingly posted the libelous statement KNOWING it was false, you'd have a hard time even proving libel.

  6. #6
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    Default Re: Defamation of a Minor on Facebook

    The poster didn't in the original post say anything about her Fbook audience was limited; whether it's a wide distribution/audience can be relevant.

    Whether in her state either libel per se (falsely accusing someone of a criminal act is itself a criminal act (there are roughly 17 states I believe where this is true), or saying things in with reckless disregard for the truth that a reasonable person might deem as inciteful is an actionable matter is indeed something law enforcement should be able to speak to.

    If she's being blown off by law enforcement or the school isn't doing enough or blowing her off (and that doesn't seem to be the case based on follow-up), that's the reason she has legislative representatives who represent her in her state (or, rather, as a practical matter, more likely the staff of the legislative representatives).

  7. #7
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    Default Re: Defamation of a Minor on Facebook

    Quote Quoting Foster_Foster
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    Whether in her state either libel per se (falsely accusing someone of a criminal act is itself a criminal act (there are roughly 17 states I believe where this is true), or saying things in with reckless disregard for the truth that a reasonable person might deem as inciteful is an actionable matter is indeed something law enforcement should be able to speak to.
    A very quick Google search would have shown you that PA is NOT one of those states. So LE is not an option for OP.

    Quote Quoting Foster_Foster
    View Post
    If she's being blown off by law enforcement or the school isn't doing enough or blowing her off (and that doesn't seem to be the case based on follow-up), that's the reason she has legislative representatives who represent her in her state (or, rather, as a practical matter, more likely the staff of the legislative representatives).
    What is the rep's staff supposed to do, send s strongly worded letter? They have no authority to force the woman to stop. They could try and broker a resolution but honestly, I don't see it happening.

  8. #8
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    Default Re: Defamation of a Minor on Facebook

    To clarify...the statement overheard by the students that was turned into the post she made was investigated by the school and my son was found guilty of NOTHING and it was obvious what the students overheard was not what the rumor later said. He made NO THREAT to the school - Whether or not she knew this - isn't it still libel if she used his name and posted a FALSE rumor (she did not have to know it was false or not??) She is an adult accusing a 15 year old of threatening violence to the school - her "limited" audience is over 300 people and many parents and kids at the school

    I cannot personally see her posts as we are not friends, and the family members she was friends with were all since unfriended after her sarcastic and bitter false apology (something to the tune of...I was told by the family this is false and so apparently I was wrong, I guess I am a bully and I hope I don't lose any sleep tonight because I am a terrible person...) Her friends responded (of course) with praise for her and protecting the school. All she did was take something she heard second hand with no facts, post my son's name on it and make his life at school even harder and made my family emotionally distraught.

    The police say this is a moral issue but NOT a criminal matter, but to the best of my knowledge (very limited I am sorry) libel is a CIVIL not criminal offense - so please, someone tell me who can help us before my son gets any more trouble with kids at school....the school has been open with me as they can - I am not faulting them for trying - it is just not working when an adult decided to accuse my son when she had nothing but hearsay...the kids are reacting to this rumor...do I have to wait until it becomes a criminal matter when someone hurts my son from this to get anyone to help me?? :*(

  9. #9
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    Default Re: Defamation of a Minor on Facebook

    Quote Quoting xena222
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    To clarify...the statement overheard by the students that was turned into the post she made was investigated by the school and my son was found guilty of NOTHING and it was obvious what the students overheard was not what the rumor later said.
    Obvious to whom? As you could not have been privy to the school's investigation, you cannot know what the witnesses allegedly heard or did not hear. That's the rub. How can you PROVE that your son never uttered such a statement, and that the poster KNEW that the statement had never been uttered?

    He made NO THREAT to the school - Whether or not she knew this - isn't it still libel if she used his name and posted a FALSE rumor (she did not have to know it was false or not??) She is an adult accusing a 15 year old of threatening violence to the school - her "limited" audience is over 300 people and many parents and kids at the school
    If you think you have a case fr libel, then shop it around to some attorneys. If there is money to be had, someone may take in on a contingency fee basis. If not, then they will ask for money up front and you will know that it's either not a strong case or one that has little chance of an award. But, perhaps you can pay an attorney to write her a strongly worded cease and desist letter.

    The police say this is a moral issue but NOT a criminal matter, but to the best of my knowledge (very limited I am sorry) libel is a CIVIL not criminal offense
    Which is why the police cannot get involved as this does not appear to be a criminal matter.

  10. #10
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    Default Re: Defamation of a Minor on Facebook

    Quote Quoting cdwjava
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    Obvious to whom? As you could not have been privy to the school's investigation, you cannot know what the witnesses allegedly heard or did not hear. That's the rub. How can you PROVE that your son never uttered such a statement, and that the poster KNEW that the statement had never been uttered?


    If you think you have a case fr libel, then shop it around to some attorneys. If there is money to be had, someone may take in on a contingency fee basis. If not, then they will ask for money up front and you will know that it's either not a strong case or one that has little chance of an award. But, perhaps you can pay an attorney to write her a strongly worded cease and desist letter.


    Which is why the police cannot get involved as this does not appear to be a criminal matter.
    What the students heard was a reference to a gun...that was IT...she turned it into associating my son with another boy who had made a terroristic threat to the school that day (the boy also mentioned by name in her post)....all the kids involved (my son and the ones who overheard "gun") were talked to by the principal and he found that NO SUCH connection existed at all - she took a statement some KIDS made to her after this and posted it as my son had something to do with the plan of the boy involved in the ACTUAL threat - she did not contact the school or ANYONE that I know of before making this accusation - that is how i KNOW what the school knew. She is doing this for reasons i simply cannot understand.

    The police stated they find it MORALLY wrong but refuse to act on ANYTHING regarding Facebook....

    I do NOT want money - I want this woman to never be able to post things like this again or spread rumors to hurt kids or families....as I said before, I have never been involved with ANY court matter EVER except for my dad's estate, I don't who I could contact, except maybe my dad's estate attorney...everyone so far has washed their hands of it because it was "facebook"...where can I find a lawyer to contact that deals with this type of suit?? Will they charge me just to talk to me??

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