If the cops can't do anything, and if Facebook won't take down the fake profile, I'd probably sue as well, just to make a point. I'd add Facebook as a defendant, too, since obviously they knew it was wrong, considering they took down the phony page when the lawsuit was filed. http://atlanta.cbslocal.com/2012/05/01/georgia-girl-sues-classmates-for-bullying-her-on-facebook/
I sure hope the parents took screenshots of the facebook page. Theres several states that are now taking Bullying seriously. Its hard to get the evidence, but secretly videotaping a conversation on speaker phone would be a good start, to get the bullies in trouble. http://www.bullypolice.org/or_law.html
Haha! Yeah, I'm normally against suing, but I think this is the only recourse under the laws, and I applaud the young lady for taking this stand. It's not like the old days, when you could go to the parents' house and try to reason with them. Do that now, and you're more apt to get a restraining order against you, and a harassment charge, then you are to get a resolution to obvious vile behavior. Hell, in some of these instances, the moms even help the bullies smear their victims.
This isn't just a case of knocking somebody's books off their desk, either. Two girls took the time to set up a fake FB profile, lured this girl's friends into accepting her as a friend, and then basically tried to ruin her life. It's disgusting behavior, and as a parent, I'd sue, too. I'm not sure what damages you could prove, but the psyche of a 14 year-old is worth something, isn't it?
Just curious, what is your take on this story? Consider the society is quick to sue for any kind of contact.
I think the principal is a gigantic pussy who should be publicly shamed for calling the cops on a 6 year-old. I also think that the parents of the boy need to get their child some help. When I was in elementary school, I got the paddle once in 4th grade from the principal. Didn't really hurt anything other than my pride, but I learned my lesson. With that, and if the principal had no other recourse, you have to involve the police. Had he touched the kid, he'd probably lose his career. We have a new generation of weaklings, sad to say.
I think that kids need to toughen up a little bit. Using court resources to settle online squabbles between 14 year-olds seems like a pretty big misallocation of society's resources. With that being said, I think that Facebook has a responsibility to put some process in place where fake accounts are taken down. Facebook is all about being transparent--using real names, only having one account, etc.--and that approach should allow a review and removal process of fake Facebook accounts when someone complains. They presumably remove spammers, right? Ed O.
What's concerning to me is that some parents either don't know what their kids are doing on the internet, or don't care. Either way, this is a scary trend in America. I wish these issues could be resolved without involving the police or lawyers. There was bullying when I was growing up, but the internet didn't come into play until I was in high school and then there wasn't a facebook or a twitter. It takes bullying to a whole new level, but I think the methods to resolve the problem should stay the same. Get the kids in a room and talk about it. Or take them out on the playground and kick their ass
This isn't an "online squabble". One could argue that it's identity theft, I suppose. Or would you be OK if I set up a Facebook account of you, made you out to be a racist, posted vile comments about your work contacts and social circle, and lured your friends and acquaintances into thinking that it was a real account? Then, when you complain to Facebook, they ignore you and allow the libel to continue. I'd be pissed if that happened to me, and more pissed if it happened to one of my daughters.
We have Norton Security minder set up for our PCs, and can see any website our girls visit, any instant messaging, and all incoming messages as well, along with IP traces from those messages. You can log in from anywhere, too. It's frigging free, and why any parent wouldn't use it baffles me. Hell, our girls are only 7 and 8 years old, too.
It is an online squabble between 14 year-olds. There is no money being made or lost concerning capable parties (as there is in your hypothetical). 14 year-olds are not fully formed emotionally or physically. They are not able to enter into legally binding contracts because of this, and while they might be more sensitive to the damage that online bullying can do, they are also less capable of not participating in it. Exactly what a child's culpability in tort law is can be unclear. Treating this as an issue for the courts is expensive and, in my opinion, a waste of resources. Ed O.
I think what they are doing is appropriate. She is clearly the target of libelous behavior and this is the only way to stop.
Do we know if she owned a pair of Daisy Dukes? Because if she did, she had crabs and deserved to be bullied... Lets let all the facts come out first, before we rush to any judgement.
A couple of non attorney thoughts... First, this is extremely hurtful. Kids kill themselves over this type of stuff. To say this is a waste of the court's resources is wrong. To me, this is one of the very reasons we have courts. Second, a minor may or may not be liable for their actions, but their parents are (if the minor isn't) in a tort sense. Be it poor parenting or just a stinker of a kid they have a duty to intervene aggressively in something like this. If they won't, then this seems like an appropriate wake up call.
Nonsense. This girl's reputation has been marred for life. 10 years from now when she applies for a job her college degree will be meaningless when the HR department does an internet search and finds the racist video her fake profile put on facebook, along with reference to her using drugs. It will be there forever. She should sue for at least $1 million.
