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Pastimes : Investment Chat Board Lawsuits
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To: SI Dave who wrote (12401)3/14/2022 1:54:19 PM
From: Jeffrey S. Mitchell  Read Replies (1) of 12465
 
Sandmann is that rare case where attorneys have likely done a ton of pro bono work for the exposure. No way the settlement was significant, and likely a financial decision to get this behind them. The net (social media) is littered with people whose lives are destroyed in literally two seconds by misinformation. That could be anything from photograph juxtaposition (e.g. a picture of them smiling at one event being used to accompany a story of their reaction to an unrelated horrific event) to quoting them out of context.

By comparison, my friend was for more than a decade the only named suspect in a high profile murder all because the police merely had a hunch. One can argue that Sandmann at least became a media darling and cause celebre from all this in some circles. Not my friend. Yet his settlement was barely anything after all his legal fees. That's real damages.

And whereas Sandmann was an oops moment that the media quickly corrected, albeit after the kid's life was turned upside down, not so with the voting machine company. Rather, even without any evidence, and, worse, to fit a conspiracy theory narrative, the folks sued kept doubling down. If the company indeed lost customers, that's real damages.

All that being said, I don't think a favorable ruling for the aggrieved company will change the landscape of defamation lawsuits. Rather, this will simply re-affirm the old adage that free speech doesn't give you the right to knowingly falsely yell fire in a crowded theater. No big deal.

- Jeff
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