Friday, October 29, 2010

Seize and Desist Slandering Me on Facebook or I'll Sue Your Ass for Intentional Infliction of Emotional Distress Cause My EGO is Injured!

Sometimes it's best to turn the other cheek.  Not Jonathan Goldsmith--a 2009 University of Las Vegas Law School Grad and Nevada Lawyer, who advertised on Facebook.  Apparently, publishing written comments such as "faggot" and "pedophile" constitute slander per se?  Am I missing something?  Dare I say, the truth is an absolute defense to allegations of slander?  I am kind of scared that I typed that.  Will he sue me next?
Anyways, he's not even representing himself and this complaint is wrought with errors in my opinion. However, this isn't the type of case that I would take on.  The author of this article points that Section 230 of the Communications Decency Act is an absolute defense to Facebook.  For those of you, like me, that never heard of it: Section 230 basically says that you cannot sue a site like Google for any content posted by a 3rd party.  Section 230 provides protection for online service providers and users from action against them for the actions of others, stating in part that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."  I do feel kinda stupid not knowing about Section 230, but does anyone out there have any idea how many laws are out there?  I knock Goldsmith's firm for not researching the issue before drafting the complaint.  And that slander-libel subtle distinction.  That's kind of Torts, 1L year to me, don't you think?  Here's the complaint for your perusal if you'd like to have a good chuckle:
Goldsmith v Cooper Complaint
Ta dah! Thanks, Tipster!


  1. I know retard. I was making a joke about his lack of legal knowledge. UGH. Sarcasm, people! Get a clue.

  2. This isn't funny. If fact, you are a POS for even posting this.

    This guy has obviously received a lot of trash talking from what appear to be homophobic bullies. I hope these two guys get whats coming to them.

  3. Wow. Faggots are so sensitive these days... Totally joking, a-hole. Relax. I don't know the guy, I don't know if he's gay or into babies. I imagined he had child molester glasses or took a bad photo. It seems that "bullying" is to 2010 what "politically incorrect" was to the 90s. Guess what bud? It's one thing when you're talking about an impressionable 18 year old who is trying to find himself (God Rest his soul). It's an entirely different story when you're talking about a Lawyer. Toughen up or you're never going to make it. And, you may not have caught my point... this post was about the LEGALITY of the suit.... not the truth of the allegations. UGH. I hate morons.

  4. haha I'm not a moron - in fact I'm smarter than you'll ever be.

    You are an attorney with a blog who uses the term “faggot”. I'm a petroleum engineer on a six figure salary with 14% retirement + annual bonus, $300 deductible health care for my wife and I, and an expense card that I'm free to use.

    Getting paid $45/hr as an intern during my masters = no debt. All this, despite already being qualified as a patent attorney overseas with two technical degrees - I could have slotted straight back into law if I wanted to, but I was smart enough to put 2 and 2 together. Best of all: nobody asks me to bill my time in 6 minute increments. If I want to join our in house patent team (they’ve already offered), my JD will be paid for.

    Now let’s look at his actual case - the two defendants are probably shitting their pants right now. Good luck getting a job when google hits that little lawsuit. You do understand that HR is big on "diversity" and "sensitivity" training? Perhaps you don't – you’ve likely never worked for a firm or company that values its reputation. Naming facebook didn't cost him - I doubt he really believes he will get anything out of them, but it raises the profile of the case to “newsworthy” (dumbass – you didn’t get this point?). I suspect the two homophobes will be looking to settle so that their friends and family don’t get dragged through the mud along with them. Of course they could be rednecks and not care - but any decent attorney would encourage them to do so.

    Just by filing this lawsuit and having it spread around the web, the victim has achieved everything he could hope for regardless of the "LEGALITY", as you put it. You don’t really understand that, but then again you aren’t a very good attorney.

    Good luck with the whole law thing.

  5. You have no sense of humor, whatsoever. I don't even understand why you are reading blogs like this that sometimes poke fun at people who put themselves out there in the public eye.
    You're not a lawyer. That is a fact. I am and I am a good one. Yes, I 've worked at a large and reputable law firm. That doesn't even define what is a good lawyer and what isn't. Stop being presumptuous when you don't know me and obviously aren't a regular reader.
    If you were to foray into being a lawyer, you would suck at it. When it comes to litigation, the point of every lawsuit is "deep pockets." Fighting over principle is a luxury for wealthy people. If Facebook can move to dismiss and only two broke losers are left to defend the case--you have made the case newsworthy and worthless. Therefore, you have made yourself into the butt of the joke. These guys will live down a few dumb comments. They were on facebook being silly and I doubt that anyone will hold that against them. So, this law firm, that hasn't anticipated facebook's defense and used slander and libel interchangeably, is wasting this guy's money. Good lawyers don't do that.
    Go home to your lovely wife and your science job and get the hell away from my blog! People that are overly sensitive have absolutely no place here. Honestly, I wouldn't even care to respond, but I think this exchange provides entertainment for my readers. You're not really worth my time.



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