Lawsuit Over Two-Word Tweet Moves Forward
An anonymous reader writes: A defamation suit filed by a former Minnesota high school student has gotten approval from a federal judge to proceed. The suit was filed in response to a suspension issued by the school after Reid Sagehorn published a two-word comment on Twitter. In 2014, there existed a Twitter ostensibly about confessions from students at Sagehorn's high school. That account asked if Sagehorn had made out with a particular female teacher, and Sagehorn jokingly replied, "Actually yes." Not long after, he was suspended for five days, and that suspension was later extended to the rest of the month. The school administration convinced his parents to withdraw him from the school and send him to a different one. The town's police chief even spoke about it to the media, saying the comment was likely a felony. Sagehorn filed the lawsuit seeking damages and an expungement of the disciplinary actions.
Focusing on the idea that this lawsuit is about a "two word tweet" is ridiculous and dishonest. This lawsuit is about accusations of impropriety by a teacher (and whether it's okay to blithely accuse a teacher of something even if you think you're joking). The "two word tweet" focus is attempting to draw ridicule to the case before making the facts clear, which is somewhere between intensely stupid and intentionally misleading.
Also, the meaning of the word "actually" in this context is the same as "literally", meaning that the tweet was not a joke no matter what the kid tweeting intended. Of course, people almost never spend half a second's thought on the things they tweet, so I guess it's not surprising.
Having the student issue a written apology to the teacher and having him post a simple "obviously this was a joke" tweet seems like it should have handled the situation quite well and made it a learning experience for the student. Engaging the parents early would help ensure it's taken seriously and reinforced at home. No damage done, no lawsuits, no absurdly ignorant police chiefs.
-- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
In the US, in order to win a defamation case, with the exception of defamation per se (allegations of unchastity, allegations of a loathsome disease, allegations of a crime of moral turpitude, allegations injurious to trade, profession, or business), one has to prove actual damages. Even under the most strict of interpretations, the comment that Reid Sagehorn made could not be construed as defamation.
Expand the tweet to say "Well, yes, I did have sex with my high school teacher."
Tell me why this isn't defamation per se. There is nothing in the world he could possibly have said that was more likely to destroy the teacher's career and reputation.
---- and, no, it isn't enough to claim afterwards that it was all in fun.
If he did make out with the teacher then I'm on his side because he should be free to tell the truth. If he didn't make out with the teacher then I'm on everyone else's side because he lied in a way that could ruin her career.