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  1. #1
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    Aug 2009
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    Unhappy Defamation Via MySpace

    I know this is probably a long shot, but I am tired. For the last 2, alllmost 3 years I have been harrassed on the internet. I keep a myspace so my family can see pictures easily of my son (i am a military wife) Rather than taking the time to sit down, email each relative... and think of something nice to say.. i just upload them on myspace and i'm done. My profile is private to the extreme that you can not even see my status updates anymore. I am forced to hide everything because of a woman 4 years older than me who married an ex boyfriend of mine... I dated him for only a month about 3 years ago. I am now happily married with a child, she is married (apparently not happily) with two children. I dont see why but she insists on stalking my myspace. She has fake accounts made where she tries to add me as a friend pretending to be someone from my old hometown.. I put a profile tracker on my page and it shows her visiting my page hundreds of times per day. I have made new myspace pages 3 times under different names in different states even and she has found me. Last night she posted a picture of me that I cant for the life of me figure out where she got it from, but she put the headline "you can't turn a ho into a housewife, but nice try" and completely trashed me on her page, saying I'm obviously a ho because I work at a hotel, and a few other choice things. I have printed everything out... I contacted myspace and they made her take it down but she still keeps saying things about me on her page. I am going to school to be a nurse, I do not need my face and the words HO put anywhere near eachother on ANYones website.. Do I have a case? Is there anything that can be done?
    Her husband (my ex) has also been seen driving around and parking near my work place. I have switched jobs because of it because my former employment would not purchase security cameras to catch him. Im at my wits end and i'm tired of trying to hide my life...

  2. #2
    Join Date
    Jun 2009
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    48

    Default Re: Defamation Via MySpace

    It IS defamation to imply a woman is a "Ho" - or sexually permiscuous.

  3. #3
    Join Date
    Oct 2008
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    Washington comma the Great State of.
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    Default Re: Defamation Via MySpace

    Quote Quoting lovelyview
    View Post
    It IS defamation to imply a woman is a "Ho" - or sexually permiscuous.
    No, it isn't. And caps lock isn't cruise control to win on the internet, despite the common belief. Making YOUR argument APPEAR in caps DOESN'T imbue an otherwise vacuous claim with TRUTH. It's ALSO annoying WHEN people WRITE like THIS. I digress.

    To OP, I can empathize with your plight. None of us is particularly happy when people say things about us we'd rather not be said. Even if true. And for the defamation case, that's precisely where we have to start. Is it true? (I'm not asking for an answer; just things you need to answer to yourself) If it is true, or at least at some point was true, then you're up the creek without a paddle in terms of the defamation suit. Truth is absolute defense to both libel and slander.

    After evaluating the truth value of the content, we now have to turn to the other issue of relevance: damages. You'll have to show that you have suffered some material defamation to your character by the content. For instance, let's say you're trying to get a job as a school nurse and this lady's out and about calling the school telling them you're a porn star and this in turn leads the school not to hire specifically because of the allegation. Then you'd have some kind of damage: you were denied employment because of her conduct. There are, of course, many other types of things you could come up with, but it has to somehow damage you.

    Now, for harassment, I can't say because you didn't give your state. But in general, it isn't going to be considered harassment for a person to post something about you randomly online. It would be harassment, let's say, if she not only posted the content, but also e-mailed it to you. A lot. Or, "whispered" it to you on some online chat client, or privately messaged it to you. Or called you on the phone. But my taking an ad, let's say, out in the paper saying x is a slut isn't harassment. It might be slander or libel.

    About the husband appearing near your previous work, I can't say. A lot more information would be needed before anything intelligent could be said. First and foremost though, if you think he is following you around, your first course isn't a lawsuit; it's to contact the police. Stalking is a crime most anywhere you are. But, to the central question: her husband's conduct (your ex's conduct at that) is completely immaterial to her liability. So, his conduct doesn't provide you, directly anyway, with any course against her unrelated conduct.

    I hope this helps!

  4. #4
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    Jun 2009
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    48

    Default Re: Defamation Via MySpace

    Actually it IS:
    "How then should we view last week’s in a landmark case? Justice Madden forced Google to provide the court with an anonymous blogger’s real name so that Liskula Cohen could sue the person who had falsely vilified her as a “skank,” “hag” and “psychotic lying whore.” Cohen (apparently as unqualified to apply for the CIA’s hacking team as the rest of us) found herself with no choice but to put the law to the test if she was to get any further in the exercise to protect her reputation."

    "A Manhattan judge ruled yesterday that a blogger can't hide behind a web of anonymity while flinging the ugly words "skank" and "ho" at somebody online.
    The sternly worded ruling orders Google to give up the identity of an anonymous blogger-assailant who inexplicably devoted an entire blog -- titled "Skanks in NYC" -- to maligning beautiful blond model Liskula Cohen."

    The following are a couple of examples from California cases; note the law may vary from state to state. Libelous (when false):

    •Charging someone with being a communist (in 1959)
    •Calling an attorney a "crook"
    •Describing a woman as a call girl
    •Accusing a minister of unethical conduct
    •Accusing a father of violating the confidence of son

    ASHMAN: NOW where is your evidence? And btw: What is your problem? And to combat your argument about caps, well writing a book also does no good if you don't have proof. Just rambling.

  5. #5
    Join Date
    Oct 2008
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    Washington comma the Great State of.
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    Default Re: Defamation Via MySpace

    Quote Quoting lovelyview
    View Post
    Actually it IS:
    "How then should we view last week’s in a landmark case? Justice Madden forced Google to provide the court with an anonymous blogger’s real name so that Liskula Cohen could sue the person who had falsely vilified her as a “skank,” “hag” and “psychotic lying whore.” Cohen (apparently as unqualified to apply for the CIA’s hacking team as the rest of us) found herself with no choice but to put the law to the test if she was to get any further in the exercise to protect her reputation."

    "A Manhattan judge ruled yesterday that a blogger can't hide behind a web of anonymity while flinging the ugly words "skank" and "ho" at somebody online.
    The sternly worded ruling orders Google to give up the identity of an anonymous blogger-assailant who inexplicably devoted an entire blog -- titled "Skanks in NYC" -- to maligning beautiful blond model Liskula Cohen."

    The following are a couple of examples from California cases; note the law may vary from state to state. Libelous (when false):

    •Charging someone with being a communist (in 1959)
    •Calling an attorney a "crook"
    •Describing a woman as a call girl
    •Accusing a minister of unethical conduct
    •Accusing a father of violating the confidence of son

    ASHMAN: NOW where is your evidence? And btw: What is your problem? And to combat your argument about caps, well writing a book also does no good if you don't have proof. Just rambling.
    Well, here's a little something you might want to consider: cite the cases to make it so much easier for the rest of us to go reading on it.

    As I said, calling a woman a ho isn't illegal. And if it's true, there's not a damned thing a person can do about it. Where you're getting off is on my having said you're wrong. You were. If a woman is a slut, I can call her a slut. If she's a hooker, I can call her a hooker.

    Incidentally, the only case you actually "cited" (you didn't cite so much as say "famous person x filed a lawsuit I'm too stupid to correctly interpret, so I'll keep this somewhat vague and hope no one researches it so that I can bastardize what the case is really about") doesn't involve the legality of calling anyone a ho. Or whether it's actionable.

    The Manhattan Supreme Court (surely setting precedent everywhere inside, the U.S., or at least in his courtroom) was that google had to reveal the name of the blogger. Damn, that really proves your point, huh? It's also curious to note there's a $15 million lawsuit against google for revealing the name of the blogger, while only a $3 million one against the blogger.

    But let's not let your poor interpretation of the law get in the way of answering this question!

    OP, please see what I wrote above.

    Or, perhaps some other people might chime in, or not.

  6. #6
    Join Date
    Jun 2009
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    48

    Default Re: Defamation Via MySpace

    I had a court hearing day regarding a ppo. The case before mine, the girl wanted a PPO b/c another girl called her a HO - I thought for sure it would be thrown out - but guess what it was GRANTED. Strange...

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