Could Flashlight be sued for IIED?

Discussion in 'The Red Room' started by The Original Faceman, Mar 24, 2008.

  1. The Original Faceman

    The Original Faceman Lasagna Artist

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    Unlike the rest of us, Flashlight knows who Garamet really is and still trolls her left and right ad nauseum. :chris:

    Discuss.
     
  2. Liet

    Liet Dr. of Horribleness, Ph.D.

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    No, but his occasional delving into absurd claims that garamet lies about the whole Probe scenario certainly opens him up to a defamation suit. Of course he's Flashlight, so there are no damages, because no one believes him, but deliberately and knowingly publishing lies in an effort to harm a person's professional reputation is not legally advisable.
     
  3. The Original Faceman

    The Original Faceman Lasagna Artist

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    Ah, the defamation angle. Perhaps. Though we all know it's not defamation if it's true :)

    But seriously:

    An intentional act - check
    Extreme or outrageous conduct - arguable either way
    Causation - depends on the next element
    Plaintiff suffers emotional distress - ...

    I think Garamet's one breakdown away from a $1 Million dollars. :yes:
     
  4. Raoul the Red Shirt

    Raoul the Red Shirt Professional bullseye

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    I think that it would be at best a coin flip as to whether one could sue in general for intentional infliction of emotional distress for stuff said on a message board.

    I remember that there was a thread over someone who committed suicide over mean and false things said on MySpace, but I think the trolling of Garamet is a different animal.

    Besides, there's (as far as we know) no underlying emotional distress for G to sue over. She isn't rendered sleepless, literally nauseous, distressed or otherwise inconvenienced by Flashy's efforts. Just (presumably) occasionaly annoyed or bemused by them.

    I remember saying a while back that a case could be made against Elwood for IIED against Ted when he said in essence he was engaging in behavior to force him to get a life or commit suicide. But even that doesn't seem like it would be a slam dunk.
     
  5. Tamar Garish

    Tamar Garish Wanna Snuggle? Deceased Member

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    Bullshit.

    It's easily remediable.

    Turn off the computer and there is no more distress. If you continue to come back and subject yourself to the "distress" it simply can't be that bad.
     
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  6. 14thDoctor

    14thDoctor Oi

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    Unless you have such a pathetic life that the internet is your main source of social interaction, then I'd say it's more complicated than that.

    Don't tell me there aren't people like that. I used to live with one. :shrug:



    EDIT: If this was high school and Flashy was writing things on the walls about garamet, would you tell her, "Go home, problem solved?"
     
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  7. Aenea

    Aenea .

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    But this isn't high school. We should all be big enough to just walk away.
     
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  8. K.

    K. Sober

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    Come again?
     
  9. The Original Faceman

    The Original Faceman Lasagna Artist

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    It's awkward sentence structure. I meant to say we know who Garamet really is, while the rest of us are still anonymous.
     
  10. Tamar Garish

    Tamar Garish Wanna Snuggle? Deceased Member

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    I've had a lot of shit said about me...a lot...hey, quite a bit said by garamet! She feels free to say and imply any slanderous thing she wants without backing it up...I'm supposed to feel bad for her when it happens to her?

    And yes...I'd tell her so what. Who gives a shit? Do you really think Flashlight's posts have done much to garamet? Anything of any significance at all?

    Garamet has done far more to damage garamet than any other poster has.
     
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  11. Ward

    Ward A Stepford Husband

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    In her defense, it's one thing to say something about an anonymous poster. It's quite another to say things about a public character.
     
  12. The Original Faceman

    The Original Faceman Lasagna Artist

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    That is my point.
     
  13. evenflow

    evenflow Lofty Administrator

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    International Internet Erectile Dysfunction?
     
  14. The Original Faceman

    The Original Faceman Lasagna Artist

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  15. Tamar Garish

    Tamar Garish Wanna Snuggle? Deceased Member

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    :shrug:

    Tabloids disagrees!
     
  16. Jenee

    Jenee Driver 8

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    tabloids get sued all the time
     
  17. Tamar Garish

    Tamar Garish Wanna Snuggle? Deceased Member

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    Alright.

    I'll bite.

    What has Flashlight said that is sue-worthy?
     
  18. The Original Faceman

    The Original Faceman Lasagna Artist

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    Are you asking about defamation or IIED? I'll refer defamation to Pardot as I haven't paid enough attention to the issue.

    An IIED case could be made for the entire sequence of personal attacks and trolling he's participated in, for instance. It's not my job to make the specific case, hence the thread postulating the issue.
     
  19. Shirogayne

    Shirogayne Gay™ Formerly Important

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    But garamet has made her name known on her own account. It's not that hard to be anonymous on the Internet, and no one can know anything about you that you don't tell anyone. I think there was one TK poster who actually thought Anna Yolei was my real name. :lol:
     
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  20. The Original Faceman

    The Original Faceman Lasagna Artist

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    You mean it's not?

    The fact she made her name public doesn't factor into the IIED claim though.
     
  21. Tamar Garish

    Tamar Garish Wanna Snuggle? Deceased Member

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    If garamet has a case against Flashlight, the majority if this board should fear Ted. He would have a far better case than G.
     
  22. Tamar Garish

    Tamar Garish Wanna Snuggle? Deceased Member

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    Really? Do I have a case against you for hounding me all over the board telling me to die and mocking my illness after the Meka incident? :cry:
     
  23. The Original Faceman

    The Original Faceman Lasagna Artist

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    I don't actually believe you are ill. And I don't know your name.
     
  24. Chris

    Chris Cosmic Horror

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    Fascinating, your remedy for this "society" is to retreat? Flashlight and Sokar would rule this place in three days!
     
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  25. Jenee

    Jenee Driver 8

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    I believe Christian Hohne invited several writers to join Trekbbs - back in the day. They all did so with the understanding that the fans could 'talk' to the writers.

    Trekbbs doesn't allow duals, so if garamet or any of the other writers who post over there want to engage in political discussion (as quite a few do) they would have to use the same username in TNZ that they use in the other forums.

    Now, I'm going to go out on a limb here and assume that during the mass exedus from Trekbbs to Wordforge, many posters kept their same usernames on wordforge probably to keep it as easy as possible for each to remember who they were at trekbbs. Therefore, garamet kept her same username - as well as her 'celebrity' status.

    But, I'm just guessing here ... I could be wrong.
     
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  26. The Original Faceman

    The Original Faceman Lasagna Artist

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    The issue isn't how anyone knows who Garamet is.
     
  27. garamet

    garamet "The whole world is watching."

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    It's not distress. It's amusement. He only trolls me because I swore not to respond to any of his posts for a year.

    The fact that I never responded to any of his posts *before* he accused Shep of trying to scam Wordforge continues to elude him.

    It's fun to see how hard he works at trying to get my attention.
     
  28. Jenee

    Jenee Driver 8

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    I know. I was responding to Anna's post.
     
  29. Tamar Garish

    Tamar Garish Wanna Snuggle? Deceased Member

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    :tbbs:

    Why on earth would anyone make that up? :unsure:
     
  30. The Original Faceman

    The Original Faceman Lasagna Artist

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    Really? You don't know?