Tennessee Woman Suing User Who Posted

Tennessee Woman Suing User Who Posted

Posted in the Somerset Forum

“It is what it is, folks!!”

Since: Feb 10

Location hidden

#1 Jan 20, 2013
A new lawsuit has emerged against an anonymous user who hammered a woman in Tennessee. Read below:

An East Tennessee woman is suing a person whose identity she does not know after they wrote a post about her on a popular social media website.

In the lawsuit filed January 8 in Hawkins County Circuit Court, Rogersville resident Sarah Davis claimed an anonymous user was defaming her reputation on Topix.com , a website where people can post their thoughts in hyper-local community forums.

The anonymous person, who goes by the name "LUV2WALK", wrote on the website that Davis had committed adultery in a Rogersville park. Davis denies the claims and is now suing that user for $200,000.

Her attorney William Phillips II said there were multiple posts and threats made in regards to the allegation. "They [the user] certainly have an agenda in defaming the character of Ms. Davis," Phillips said. He said he would like for the anonymous user to reveal their identity as it would be "the noble thing to do."

"Individuals post on Topix on a daily basis," Phillips said. "They constantly defame the characters of everyday citizens and I think they do it under the guise they can hide behind their anonymity."

In the lawsuit, Phillips and Davis have given the anonymous user 30 days to file a responsive pleading under their actual name. If the user does not do so, the lawsuit reads that Phillips and Davis will ask the court to issue a judicial subpoena directing Topix to hand over all copies of all threads and posts pertaining to the lawsuit. The lawsuit also said that the subpoena would ask Topix to provide the user's IP address, which would help identify the person behind the posts. Phillips said he and his client posted a notice on the website directed toward the anonymous user that has since been removed.

10News talked to Topix CEO Chris Tolles about the matter. He said Topix, which is widely used in Appalachia, does not think Phillips and Davis' proposed actions sound unreasonable.

"If this goes to the court system and we are subpoenaed, we are unlikely to stand against that subpoena," Tolles said. "I haven't seen it yet, so it's hard to say what I will or will not do." He says under the Communications Decency Act, Topix is not responsible for content posted by third party users.

Tolles said he admits there are advantages and disadvantages to allowing users to post anonymously on Topix. However, he said it is a feature the site needs in order to build up users in smaller communities. "Our ability to actually do something interesting requires there to be some sort of audience there," Tolles said.

Either way, legal experts like Knoxville attorney Don Bosch advises web users not to make defamatory claims online as they are subject to the same laws that they would be anywhere else.

"Defamation is defamation and whether it be electronic, print or spoken, it still subjects an individual to a civil legal action should they make such a statement," he said.

http://www.wbir.com/news/local/story.aspx...
Westwood

London, KY

#2 Jan 20, 2013
Hoorah for her. Topix should have deleted that before it got out of hand. I hope she wins a billion bucks (assuming it's not true).
gomer-ez

London, KY

#3 Jan 20, 2013
Does that mean ,when someone calls me an idiot,I can sue?
I guess I would have to prove otherwise.Ok skip hat theory.

Level 8

Since: Sep 08

Location hidden

#4 Jan 20, 2013
gomer-ez wrote:
Does that mean ,when someone calls me an idiot,I can sue?
I guess I would have to prove otherwise.Ok skip hat theory.
I can't pprove that I'm NOT an idiot , however , several hundred others may argue that point -

“It is what it is, folks!!”

Since: Feb 10

Location hidden

#5 Jan 20, 2013
I hope she gets every penny she's after, plus some.

These attacks on-line are out of hand everywhere. People thinking they can get on ANY public forum, not just Topix, and hammer someone while they themselves stay anonymous and hide their OWN identities? It's past time for the courts to start doing something about it.

I'm also very glad to also read that Topix is more than willing to help this woman in her case against whoever it is.

Can't wait for the outcome. This should be interesting beings as the offender has been offered 30 days to reveal who they are. I don't care if what was said is even a half truth, it doesn't belong on a public website for the sake of harassing her or causing her any public humiliation. Which was obviously the intentions of whoever started the mess on-line about her.

Some of us have been telling a few of you for years now that you should really watch what you put on here. Guess another wicked poster is about to bite the dust. Some very expensive dust at that.

“It is what it is, folks!!”

Since: Feb 10

Location hidden

#6 Jan 20, 2013
Westwood wrote:
Hoorah for her. Topix should have deleted that before it got out of hand. I hope she wins a billion bucks (assuming it's not true).
Even if it IS true, no one has the right to hammer any of us publicly and try to cause personalized humiliation and embarrassment that way.

People around here need to read up on and study what they so commonly and ignorantly state: "I HAVE MY FREEDOM OF SPEECH".
(Like it's some kind of badge that they can proudly pull out of their butt when they feel the need to hurt someone else with the written word and slanderous/libelous lies).

What you DO "have" is a responsibility to place an opinion without harming someone else in the process. What you DO NOT "have" is the freedom to recklessly cause someone anguish and humiliation under the guise of anonymity.

It may have gone viral before Topix was made aware of it. We all know how these threads can go on here, not to mention the people who will respond to their own comment with a different name, trying to make others believe that they have power in numbers. Within a couple of hours, multitudes of damming remarks can be made. And unless someone who gives a darn sees them and turns them in, no one from Cali is the wiser. TopMods can't take down what they don't know is on here.. We have to be the ones to let them know and that's what the feedback clicker is for.

I tried to find the offending thread, but it's apparently been taken down. So it's copies and every response to it are obviously in the hands of her legal team and law enforcement right now. If the accused doesn't come forward within 30 days, I'm quite certain that a judge will petition Topix to release all IP's used by that vile person. Chris Tolles said as much in the article.

I hope the court records are made public soon after the conclusion. It will be an interesting read, that's for sure.
Big Earl

Whitesburg, KY

#8 Jan 20, 2013
Gun Man wrote:
<quoted text>And nobody, Miss Busybody, has any business policing TOpix and getting other peoples' posts deleted. I wish I could sue you.
People have every right to have untrue posts removed. Freedom of speach does not cover wrecklessly posting false or unproven crap about other people.

It takes an entitled and very small mind to have the train of thought you just posted
Old

Racine, OH

#10 Jan 21, 2013
gomer-ez wrote:
Does that mean ,when someone calls me an idiot,I can sue?
I guess I would have to prove otherwise.Ok skip hat theory.
Not unless they say something untrue and provide identifying information about you. For all we know, you could be an extraterrestial posting form the far side of the moon. The sad thing for that woman is that likely the poster lives paycheck to paycheck and has no property, now she's going to have lawyer fees on top of the mental anguish.
Old

Racine, OH

#11 Jan 21, 2013
Grey Boxer wrote:
<quoted text>
I agree. There's a big difference between removing posts that violate the TOS and those that you just don't agree with. Someone has posted Nope's personal information on here and she seems to go overboard with getting everything and anything she doesn't agree with deleted. This place is next to dead compared to what it use to be back in the day.
I disagree. Most of the surrounding communities' topix are just trash talk worthy of Jerry Springer. Nothing of value is obtained, not even entertainment from that. The topix moderators for Somerset do a good job in sweeping out the trash.
Grey Boxer

London, KY

#21 Jan 21, 2013
Old wrote:
<quoted text>I disagree. Most of the surrounding communities' topix are just trash talk worthy of Jerry Springer. Nothing of value is obtained, not even entertainment from that. The topix moderators for Somerset do a good job in sweeping out the trash.
Nobody likes the trash talk, everyone wants the trash talk gone and everyone agrees that the trash talkers should be banned. Its all about now whats everyone's opinion is on what is trash talk. Look at all the deleted posts on here and some of them are Nopes. Does that mean that Nope is one of the trash talkers? Why were her posts deleted?
gomer-ez

Manchester, KY

#23 Jan 22, 2013
Old wrote:
<quoted text>
Not unless they say something untrue and provide identifying information about you. For all we know, you could be an extraterrestial posting form the far side of the moon. The sad thing for that woman is that likely the poster lives paycheck to paycheck and has no property, now she's going to have lawyer fees on top of the mental anguish.
Hello, read between the lines,there is a joke in there.I did misspell "that",I for got the T.
gomer-ez

Manchester, KY

#24 Jan 22, 2013
Knowitall9 wrote:
<quoted text>I can't pprove that I'm NOT an idiot , however , several hundred others may argue that point -
Some of thes people just can not pick up on a joke.Go get'KT9
gomer-ez

Manchester, KY

#25 Jan 22, 2013
go get um KT9

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