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  1. #1
    Join Date
    Sep 2015
    Posts
    15

    Default Accused of Murder on Facebook

    My question involves defamation in the state of: Mississippi

    This question is about a page that has been set up on facebook. It is about a woman who was killed. The woman was set on fire and later died at the hospital. No one has been charged with the murder. There is a page set up on facebook to discuss the case. Of course their theories are all over the place. Some posters have also resorted to naming individuals, even calling one a "serial killer" and he has never been charged or arrested for killing anyone. Another person who is a friend of the "serial killer" was named as well. The "serial killer" and friend were allegedly together the night she was killed. The page admin also posted the friend's mother's name and address. The mother has been in a nursing home for five years, her grandson (friend's son) lives in her house.

    Is there anything they can legally do about that? Or can they just go about accusing anyone and everyone that pops in their head?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Accused of Murder on Facebook

    They are free to retain a lawyer to try to identify the people responsible for the comments and to sue them.

    If the posts violate the Facebook TOS, they can ask Facebook to remove them.

  3. #3
    Join Date
    Sep 2015
    Posts
    15

    Default Re: Accused of Murder on Facebook

    Someone in the family is checking on that now with facebook. The owner of the page has been asked by the family to remove the names, but has not complied. All of the users are posting under their own names, except the owner who refuses to reveal his/her identity.

    The page owner did remove the post with the lady's name and address.

    The names of the other individuals are still there. The page admin has posted names, as well as allowing anyone else who wants to post a name (any name) to do so as well. They are just willy nilly accusing whomever they wish. Some of the individuals do not have a facebook account so it may take a little longer to get their names removed.

    I have never sued anyone nor had a desire to do so, but if it was my name they posted this would be the first. Even if I recovered nothing, which I probably wouldn't anyhow, it's the principal. And I would hope it prevented those people from maligning others.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Accused of Murder on Facebook

    Quote Quoting RQ420
    View Post

    I have never sued anyone nor had a desire to do so, but if it was my name they posted this would be the first. Even if I recovered nothing, which I probably wouldn't anyhow, it's the principal. And I would hope it prevented those people from maligning others.

    The problem is that suing isn't free. It cost anywhere from a modest filing fee to tens of thousands of dollars or more. And as you're aware, after spending all that money, you may just walk away with nothing.

  5. #5
    Join Date
    Sep 2015
    Posts
    15

    Default Re: Accused of Murder on Facebook

    This would be true for most people. However, my ex-husband would handle my case. I paid his tuition for school and all of our bills while he was attending so he takes care of my legal obligations. We still have a great relationship and he would do it for our son if nothing else. With that said, it depends on several factors whether or not I would go forward with it otherwise. The death of the woman was so horrific that I would be willing to spend several thousand dollars on a libel case, where the person who lives paycheck to paycheck probably could not. I don't think many attorneys would be willing to take on a case such as this pro bono.

    That page is one big cluster**** with all the finger pointing and libelous accusations. In my opinion they should be told to remove the names or shut down the page. This crime made international news so it isn't just a local thing.

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Accused of Murder on Facebook

    If I were in your shoes, I would ask my ex-husband to find out who owns the page and send them a very nasty letter. Usually the sight of a letter from an attorney threatening with legal action makes people think twice and move faster.

    - - - Updated - - -

    Just by spending about 20 minutes on this page, https://www.facebook.com/Jessica.mystery?fref=ts it looks like the person that created it, has the first name Pat?

    If this is the page you're talking about?

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Accused of Murder on Facebook

    It sounds like they are having open discussion and expressing 1st amendment opinions. Unless you can state a specific thing that someone says point blank X murdered Y, you do not even have the beginnings of a case.

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