Is The $11 Million Online Defamation Judgment A Big Deal?

from the questions,-questions dept

Wed, Oct 11th 2006 7:37pm — Mike Masnick

Lots of folks are submitting the USA Today story about a woman who successfully sued an online critic for $11 million for defamation. There seems to be some concern that this is a big statement limiting what people can say online, but that's not clear at all. Defamation is defamation, online or not. And, if you're going to accuse someone of being a "con artist" and a "fraud," you should probably have some evidence to back that up. Now, it's completely possible that the accused can back that up -- but it's worth pointing out that she didn't show up at court to defend herself. She claims she can't afford a lawyer, and didn't even know the court date of the case because the info was sent to her address in New Orleans -- which she had abandoned for a few months following Hurricane Katrina. So, the case really doesn't say much about online speech or defamation, since there really was no defense at all.

12 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

4playR, 11 Oct 2006 @ 9:23pm

Bland
Info like this is not newsworthy anymore. In fact, i am trying to stifle a yawn as i am reading this. But hell, i got hte second post. and that is a first! i gotta find if that lady is married, tho. :)
[ link to this | view in chronology ]
PT, 12 Oct 2006 @ 2:08am

Vindicated?
So I have a question. What happens to Bock now? Even if she had $100,000 of left over disposble income each year for the next 50 years, she STILL couldn't pay back the $11 million in her lifetime. So how does this work when it comes to actually paying the money? Or is it just to prove a point and she doesn't actually have to pay all of it? An excercise in learning one's lesson. Never defame someone without evidence.

The whole point of this lawsuit was a vindication of sorts and the Scheff knew that Bock couldn't pay the money yet went ahead anyway. It appears that Scheff didn't know that the award would be so much but still, her reputation ruined doesn't compare to the life she just ruined as a result of this lawsuit if Bock must pay. Eye for eye just turned into an eye for a heart. Doesn't seem very fair. Its unfortunate for Bock that she couldn't present her case.
[ link to this | view in chronology ]
Bubba Nicholson (profile), 12 Oct 2006 @ 3:04am

This has happened to me, too.
HELP!
[ link to this | view in chronology ]
Daniel Morritt, 12 Oct 2006 @ 3:54am

leave the country? its cheaper ...

oh no wait, american courts seem to have jurisdiction over everybody now since people can sue other people internationally and expect not to be laughed at.
[ link to this | view in chronology ]
Looking for a Career Change, 12 Oct 2006 @ 5:06am

Nasty, Vindictive People
Come on! I though that Scheff had to show in court that what Bock posted will cost her $11 million. Really, I understand that this was a blog for parents with problem children in boarding schools, but how many customers could some crazy, disgruntled lady really cost a professional woman? 20? 30? If she can make 11 MILLION DOLLARS off 20 or 30 people, I want to go into the business SHE'S in!
[ link to this | view in chronology ]
Dam, 12 Oct 2006 @ 6:00am

Meaningless Award
Typically awards like this are challenged on appeal and they are frequently reducd or vacated if the case is found to have little or no merit. But, unless the plaintiff has all her personal details, like her Social Security Nunmber, it's meaningless. Judgements can't be entered against a person's credit history without several identification factors, and since they didn't even know where she lived at the time the suit was filed, she can ignore it.

This is not as unusual as it may seem. Similar actions occur everyday, although perhaps not in the multi million dollar range. Judgements routinely get ignored. It's only when the defendant is known to the plaintiff and information is found during discovery that it makes any difference.
[ link to this | view in chronology ]
Chronno S. Trigger, 12 Oct 2006 @ 7:31am

I bet...
I bet the only reason the judge said $11mill was because she didn't show up. even though I thought that meant you spent some time in jail for perjury. But I know that if I was a judge and someone didn't show up I would not think too highly of them
[ link to this | view in chronology ]
Todd, 12 Oct 2006 @ 7:39am

Nah, if I was a judge and someone didn't show, I'd be like, Sweet, afternoon off. Judges think they're above everyone else though.
[ link to this | view in chronology ]
Spartacus, 12 Oct 2006 @ 8:34am

It happened on a forum
I read the USA Today article which mentions the website this happened on. I encourage you guys to go to Fornits.com and check out the forums. Specifically go to

http://wwf.fornits.com/viewtopic.php?t=17255&postdays=0&postorder=asc&start=0

T hat is a forum that simply blasts Sue Scheff and her organization. It's kinda funny to read and I can see her getting upset about some of the things that are said there. HOWEVER it's just a forum for cryin out lout. How can you sue someone over what they said in a forum that just has a bunch of ingrates venting about everything and nothing with as many expletives as possible. I find it hard to believe that this isn't a big deal. People are being sued over a forum post? Yikes.
[ link to this | view in chronology ]
Davey, 12 Oct 2006 @ 9:53am

Justice for sale in America
What this case is about is the same thing the RIAA legal attacks are about: the ones with the money extorting more money, or silence, or cooperation from those who can't afford to defend themselves. Maybe the defendant committed libel, maybe not. We'll never know because she couldn't afford to defend herself, so no case was made.

The judgement is a big deal because it amounts to an end run around the whole concept of freedom of speech. We have devolved, essentially, back to the Middle Ages, where the ruling classes could force the rest of us to do as ordered by force of law.
[ link to this | view in chronology ]
Michael Lee, 12 Oct 2006 @ 3:45pm

Don't be afraid to speak the truth...
Hey, I got sued for internet defamation. They wanted 20 million. I beat them pro se in a 9 day jury trial. I called the guy a child abuser, grifter and pervert. Unfortunately for him...it was true, and truth is an absolute defense against a charge of defamation. Mike 'http://www.judgesabovethelaw.com'
[ link to this | view in chronology ]
mark moody, 19 Oct 2010 @ 5:45pm

Internet reputauion reputacion
That is good news someone has taken action and got revenge on some coward hiding behind the internet to hurt someone else.
[ link to this | view in chronology ]