Real-World Consequences of Social Networking Posts
gbulmash sends in a classic Streisand Effect story of a Chicago landlord suing a tenant over a tweet complaining of mold in her apartment. The landlord claims that the tweet caused $50,000 damage to their reputation. If it didn't, then the fallout from their own ill-advised lawsuit surely will. The woman's Twitter account is now gone (possibly on advice of counsel), but the tweet that started it all lives on. And in a similar vein, reader levicivita notes a firing over a political comment on a Facebook page. "Lee Landor, who had been the deputy press secretary to Manhattan Borough President Scott M. Stringer since May, posted comments on her Facebook page criticizing Mr. Gates [Harvard scholar Henry Louis Gates Jr.] and the president, whom she referred to at one point as 'O-dumb-a.' ... The borough president has accepted Ms. Landor's resignation, effective immediately."
before all these social networking rantings came through to haunt/hurt us in real life....folks dont seem to understand that the internet is a serious place with actions having far reaching effects
I dont blame the lady for complaining. Mold is dangerous stuff and a lot of landlords dont care. My sister bought a house with undisclosed mold (illegal here in maryland) and it looks like the realitor is going to get away with it because shes a teacher who just invested her money into a house so she can not afford legal fees.These are sketchy people and deserve to be put in a bad light.
We have it, but there are consequences for it. Sadly, the consequences seem to be getting out of hand.
There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
Any time you post something to any social networking site, you should imagine yourself on a podium in giving a presentation in front of millions of people. If you would be embarrassed to say it on stage, don't post it, because they are effectively the same thing now.
If he hadn't sued her and let the story die of its own, how many people would have heard about that mold? 10? 5? So little that a clumsy shop teacher still would have enough fingers left to count them all? Instead, the whole of slashdot knows about it now!
Only possible legit suit you could have is one for libel.
Did you RTFA? The landlord *is* suing for libel; it says so right in there.
Of course you're correct about truth being an absolute defense against libel in the USA, but why does everyone assume that the claim is actually true? It might be, it might not - we don't know.
It seems a bit stupid on the part of the landlord to sue over a post that apparently got read by about 20 people at most, but on the other hand, if it really IS untrue, I can also see why they wouldn't want for it to stay online where it just might get picked up by Google and returned when someone searches for e.g. the company's name.
Let's not jump to any conclusions until we actually know the facts - not *all* libel suits are unjustified.
I would love to see this blow up in the landlord's face -- in the process of investigating the libel claim they will certainly need to check the apartment for mold. If it can be shown that there is mold in the apartment and the landlord was notified and did nothing, I am thinking that he could be in some trouble, but IANAL. That would be, for my money, the best way that this could possibly turn out.
To the haters: You can't win. If you mod me down, I shall become more powerful than you could possibly imagine
When will people learn that putting something on the web is not the same as writing it down in your own personal diary?
Really, it's not that hard.
Slagborr
I see no issue with this at all... in neither case.
1. The tweet is a publically "published" media outlet, so to speak. It should be treated as such. Just because you didn't print it in a newspaper doesn't mean you are immune from libel charges. IS it libel? That is what the lawsuit is for and the courts should decide. IMO, it's not libel, but I don't know if her apartment was actually moldy or not.
2. The political FB post should be valid grounds for firing, too. If I gave out company "secrets" or confidential material on FB, I'd get fired. Duh. If I am working in a political office and make a political comment in a public media outlet, I should be held accountable for what I said. If that means my boss wants me to resign because of the comment, then I don't see how FB is the culprit. If anything, it's the comment that should be argued about, not the particular outlet chosen (public bulletin board, flyer at library, Facebook post, tweet, etc). Facebook and Twitter are not private and secure messaging systems.
...a Chicago landlord suing a tenant over a tweet complaining of mold in her apartment.
Was there mold? Because if there was, it's perfectly legal and the landlord can shove those papers right where the sun don't shine, and she might be able to file a countersuit and win.
The aide, Lee Landor, who had been the deputy press secretary to the Manhattan borough president, Scott M. Stringer, since May, posted comments on her Facebook page criticizing Mr. Gates and the president, whom she referred to at one point as "O-dumb-a."
If these comments were made public for anyone to view, then they might have something -- a press secretary should know better. If this was something posted privately to her friends and word leaked out, then I would say she excercised poor judgment -- but her employer did worse by firing her over it instead of a reprimand. People make mistakes -- Good managers understand that and work to correct the behavior. Bad managers paper over their own asses, and wind up costing their company/organization both human resources and morale. Legally, however, in the United States most states are "at will" employment, which basically means you have no rights whatsoever -- you can be fired for almost any reason, or none at all, without any recourse. This is one of the problems (some would say benefits) of living in the only first world country that lacks a strong labour party.
On a different note -- it's amazing how petty most people are. For example, I think you are a pompous bastard child of a whore. Curiously, I have no idea who you (the reader) are, but nevertheless, someone, somewhere, will be offended. Apparently, when people go online, they forget the social etiquette lessons they learned in grade school -- namely to ignore bullies, loud-mouths, and to have a thick skin, because there are not enough bullets in the world to kill every assh0le you're going to meet.
#fuckbeta #iamslashdot #dicemustdie
Usually truth is a potent defense but I wouldn't count on it in this case. Telling a story far and wide, knowing that it would do harm, without some cause to spread the story may be seen as a deliberately savage attack. If the person had warned someone who was about to rent the unit then it is another issue. Keep in mind that there is a difference in remarking that you have mold in your apartment and saying that all the apartments have mold. That may be an untrue statement. Lack of being specific in her report may well amount to a lie.
Why shouldn't it? I don't feel that I should be allowed to let you say whatever you want about me... let's say I run a small business that is completely built on trust and honesty. Why should you be allowed to publish slander and libel all you want, under the guise of the first amendment? It hurts my reputation, it hurts my ability to do business, etc. In fact, if you were to NOT allow me to sue you for libel/slander, all you'd be doing is protecting the ability of the rich (read: ability to publish widely due to wealth) to completely put me out of business with utter lies and nonsense. I think I should be allowed to protect myself.
...other than that these are better documented. Take your clothes off for pictures on your web page, don't be surprised if that is weighed in a hiring process (might work your advantage :) Make strong, rude political statements, don't be surprised if a political organization that tries to be civil doesn't wish to have you representing them. Criticize your boss, especially if you are rude, unduly harsh, or anything other than factual, and you betchya they could terminate you for it, even in large organizations with separate HR departments. Demonstrate other behaviors that show that you're unsuited to something and they might just deny you that.
On the mold issue, I haven't seen enough to make a call. If there really is mold then I wouldn't find her in the wrong in the slightest, because Truth *should* win out even if it's not a happy truth. If there isn't a mold problem then I could see how there could be issues.
Consider what you've typed before submitting. It could come back to bite you if you're not careful.
Do not look into laser with remaining eye.
Why on God's green Earth would you post anything of any substance to any online account that can be traced back to real you without massive court involvement? These social networking sites are prime candidates for one-stop shopping sprees of information about individuals. We've got people posting everything from offensive tirades to nude pictures of themselves where anyone with a search engine and a free, anonymous account can find them.
Do people seriously think that they exist in a bubble so long as they have a keyboard in front of them? Or are their brains trapped in a bubble of ignorance and short-sightedness?
Separate YOU from online YOU, and if possible, separate online YOU into several different online YOUs such that an individual profile can't be established via common username, cross-linkage, etc. For Christ sakes, people, it's 2009. It's long, long past the point where anyone should be doing stuff this stupid. Every spot where a user can post something on the internet is an enormous billboard so high and large that everyone on Earth can see it for the rest of time. Learn to treat it as such.
-- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
, and it never fails to boggle my mind that what the constitution protects from government interference, it doesn't protect from private sector lawyers.
Because the first amendment is there to protect us from the government, not from each other. Go figure.
True claim or not, the landlord may figure that using lawyers to intimidate their tenant into silence might be worth a try. What good is the truth if you cannot afford a lawyer of your own to defend yourself against liars?
I prefer rogues to imbeciles because they sometimes take a rest.
A) Tenant observes apartment and sees mold.
B) Landlord observes apartment and sees no mold.
Only one solution, mold has two quantum states. If jurors are taken to the apartment to view said mold then roughly half will observe the mold leading to a hung jury and no award.
Mod that shit up! I agree 100%.
That right there is a lot of what's wrong with the mod system...
Sounds like sarcasm to me. I think she'll be just fine. The realty company on the other hand is probably in for a world of shit.
There is a war going on for your mind.
True claim or not, the landlord may figure that using lawyers to intimidate their tenant into silence might be worth a try. What good is the truth if you cannot afford a lawyer of your own to defend yourself against liars?
Something tells me the landlord figured wrong here.
I am not a crackpot.
Sounds like a good way to get rid of co-workers you don't like anonymously...
What's to stop somebody making a Twitter account in someone else's name and then Tweeting about their struggles at work and criticizing their boss and calling him an idiot?
Boom! Person you hate just got fired...
Peter predicted that you would "deliberately forget" creation 2000 years ago...
I personally take issue with the firing of the public employee due to her Facebook posts. She voiced her personal opinions, unrelated to her job, and not in an official capacity. IANAL but as a simple citizen who believes in America and in free speech, I think she should sue the city. I am not going to even bring up the issue of whether she would have been fired if she had been on the political correct pro-administration side. The rise of the thought police (witnes what happened to that CA model that dared to speak her mind about gay marriage) is a scary prospect - irrespective of your ideology.
Unrelated to her job? Bullshit, she was a press secretary. Their job is to engage in public relations for their boss. Publishing an opinion counter to your boss's position is simply not allowed under any circumstances. Imagine if Tony Snow had posted on his Facebook page that he thought John McCain was a loon, how long do you think he would have lasted? Boo hoo for this stupid woman. By her actions she showed her boss that she can not be trusted. How is he to know that she will not let her personal opinions slip into his official press releases? Anyone doing what she did would be fired, on any side of the political spectrum. Hell, if she'd said the same thing about some Republican, she would have been fired. You don't get to have personal opinions about politics when you are a press secretary, if you don't like that, get a different job. Spouting out grade school level insults simply proves that she does not have what it takes to be a press secretary.
Guess what? Words have consequences. That CA model was an idiot, she deserved what she got. If you spout out idiotic rants in public, people may not want to do business with you, go figure. Selfish assholes like you think free speech means you get to say whatever you want, and nobody is allowed to take offense. That's not how things work in the real world, champ. If you talk like an asshole, people will assume you are an asshole, and most people don't want to have much to do with assholes.
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
In my experience as a landlord, most problems occur as a direct result of actions taken by the tenants. In this case, spilling water and not immediately cleaning it up will cause mold. This happens because the tenants don't "own" the property they are living in. Cleaning up requires effort, and there's no incentive on the part of the tenants to do this.
Doesn't matter; its still your responsiblity to remove the mold, remove the fire hazard, etc. If you want to sue the tenent because they were careless, that's one thing.. but its your responsiblity as landlord to maintain the building. I suspect you also have a lease saying the tennent CANNOT make any major changes to the building.. perhaps even forbidding painting the walls a different color (every lease I've signed has).
Mold is (apparently) completely blown out of proportion by companies that want to be paid to remove it. Yes, toxic mold does occasionally happen and it should be dealt with... but it's extremely rare.
Mold can be much more serious than you seem to think. No one is saying mold is now everywhere, but if it does appear it needs to be removed ASAP, because it very likely can be a health problem... and those problems may not show up for your tennant for YEARS. http://www.epi.state.nc.us/epi/oii/mold/healtheffects.html
Because you don't own your reputation; it is merely what other people think of you. There are many things which affect what others think of you, and you don't have a right to stop others from doing all those things merely because it's in your interest. Ironically, libel laws make things people say more potentially damaging to your reputation, not less, as they cause others to give things said more weight than if there were no laws. Ultimately, your liberty isn't threatened by things others say, therefore there should be no laws "protecting" you from things people say (beyond threats of use of force against you).
This is why correlation doesn't imply causality.
It never struck them that the reason there are so many black inmates is BECAUSE they are racially profiled?
This is great. That quote alone is grounds for lawsuit dismissal, for barratry.