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  1. #1
    stressed1 is offline Junior Member
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    HELP can I sue for slander/defamation/cyber stalking?

    What is the name of your state (only U.S. law)? PA

    . A couple anonymous cowards [I think I know who they are] have been bashing me on an internet forum for years...they don't live in my state. They found posts I made on a medical forum where I posted about being dependent on vicodin for a permanent illness and that I would likely not survive without getting vicodin for pain relief...now they have posted my full name on a messageboard and called me a vicodin addict, and when someone googles my name it says "C*** S*** is a filthy vicodin and opioid addict". I am "dependent" on vicodin" not an "addict". Can I sue them for slander/defamation/hate speech/emotional pain and suffering and cyber stalking? I'm on permanent disability so I can't claim loss of income but can I sue them for emotional pain and suffering and also slander and defamation?

    . These same bullies read an email I sent to a former friend [who is one of the cowards posting these things about me] in which I said I had met a married man on a internet messageboard and I fell in love with him and he fell in love with me and we corresponded via email and online for months...but he decided to stay with his wife. Now they are posting my full name and saying "C*** S*** had an online affair with a married man" on a bash board and it gets indexed by google. Can I sue for slander and defamation?

    . Also, when I go look at that vile forum these same anonymous cowards call me names like C*** S*** is a b*tch, psycho and tw*t and post links to my online photos then call me ugly. Can I sue them for cyber stalking and harassment?

    . I have contacted the board owners and asked them to delete the comments and give me the IP's of the posters but I've been ignored....Can I also sue the owners of these vile forums?

    -I don't have much money but can I get them to pay legal costs if I win the case?
    -How difficult is it to sue about 3 people in different states to mine?
    -How hard is it to get a court order to force the forum board to handover IP's so these cowards can be traced and sued?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by stressed1 View Post
    What is the name of your state (only U.S. law)? PA

    . A couple anonymous cowards [I think I know who they are] have been bashing me on an internet forum for years...they don't live in my state. They found posts I made on a medical forum where I posted about being dependent on vicodin for a permanent illness and that I would likely not survive without getting vicodin for pain relief...now they have posted my full name on a messageboard and called me a vicodin addict, and when someone googles my name it says "C*** S*** is a filthy vicodin and opioid addict". I am "dependent" on vicodin" not an "addict". Can I sue them for slander/defamation/hate speech/emotional pain and suffering and cyber stalking? I'm on permanent disability so I can't claim loss of income but can I sue them for emotional pain and suffering and also slander and defamation?

    Likely not. Your body is dependent upon Vicodin, and the public quite often uses the terms "addiction" and "dependency" interchangeably.




    . These same bullies read an email I sent to a former friend [who is one of the cowards posting these things about me] in which I said I had met a married man on a internet messageboard and I fell in love with him and he fell in love with me and we corresponded via email and online for months...but he decided to stay with his wife. Now they are posting my full name and saying "C*** S*** had an online affair with a married man" on a bash board and it gets indexed by google. Can I sue for slander and defamation?

    Well, were you?

    Truth is a defense to a defamation action.

    . Also, when I go look at that vile forum these same anonymous cowards call me names like C*** S*** is a b*tch, psycho and tw*t and post links to my online photos then call me ugly. Can I sue them for cyber stalking and harassment?

    Nope. That's known as "hyperbole". While it's not pleasant, it's not really actionable.


    . I have contacted the board owners and asked them to delete the comments and give me the IP's of the posters but I've been ignored....Can I also sue the owners of these vile forums?


    Nope. I bet if you check the site's TOS you'll find they are VERY well covered legally.

    They are NOT legally obliged to either remove a post, or release IP information.



    -I don't have much money but can I get them to pay legal costs if I win the case?
    -How difficult is it to sue about 3 people in different states to mine?
    -How hard is it to get a court order to force the forum board to handover IP's so these cowards can be traced and sued?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?



    My advice is to stop using the site.

    Unfortunately, these things are not uncommon.
  3. #3
    Antigone* is offline Senior Member
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    Quote Originally Posted by stressed1 View Post
    What is the name of your state (only U.S. law)? PA

    . A couple anonymous cowards [I think I know who they are] have been bashing me on an internet forum for years...they don't live in my state. They found posts I made on a medical forum where I posted about being dependent on vicodin for a permanent illness and that I would likely not survive without getting vicodin for pain relief...now they have posted my full name on a messageboard and called me a vicodin addict, and when someone googles my name it says "C*** S*** is a filthy vicodin and opioid addict". I am "dependent" on vicodin" not an "addict". Can I sue them for slander/defamation/hate speech/emotional pain and suffering and cyber stalking? I'm on permanent disability so I can't claim loss of income but can I sue them for emotional pain and suffering and also slander and defamation?

    . These same bullies read an email I sent to a former friend [who is one of the cowards posting these things about me] in which I said I had met a married man on a internet messageboard and I fell in love with him and he fell in love with me and we corresponded via email and online for months...but he decided to stay with his wife. Now they are posting my full name and saying "C*** S*** had an online affair with a married man" on a bash board and it gets indexed by google. Can I sue for slander and defamation?

    . Also, when I go look at that vile forum these same anonymous cowards call me names like C*** S*** is a b*tch, psycho and tw*t and post links to my online photos then call me ugly. Can I sue them for cyber stalking and harassment?

    . I have contacted the board owners and asked them to delete the comments and give me the IP's of the posters but I've been ignored....Can I also sue the owners of these vile forums?

    -I don't have much money but can I get them to pay legal costs if I win the case?
    -How difficult is it to sue about 3 people in different states to mine?
    -How hard is it to get a court order to force the forum board to handover IP's so these cowards can be traced and sued?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
    Sure you can sue, but you are going to have several thousand dollars at your disposal in order to do so. Unless that is you find an attorney who will take your case pro bono, or on contingency ~ and that, my friend, is highly unlikely.

    Btw... I don't see the difference between a person who is vicodin dependent & a vicodin addict ~ same meaning.
  4. #4
    Proserpina is offline Senior Member
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    Quote Originally Posted by Antigone*of*Greece View Post
    Sure you can sue, but you are going to have several thousand dollars at your disposal in order to do so. Unless that is you find an attorney who will take your case pro bono, or on contingency ~ and that, my friend, is highly unlikely.

    Btw... I don't see the difference between a person who is vicodin dependent & a vicodin addict ~ same meaning.



    In all fairness, one can be dependent on something without being an addict.

    Dependency would be when a patient has a genuine need for a pain medication and takes it as prescribed - their body needs the drug, but they're not taking it to get high or anything like that.

    Addiction is generally defined as seeking/needing the drug for purposes other than genuine pain control.

    It might seem a semantic difference, but to the pain community it's an important distinction
  5. #5
    stressed1 is offline Junior Member
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    Quote Originally Posted by Proserpina View Post
    In all fairness, one can be dependent on something without being an addict.

    Dependency would be when a patient has a genuine need for a pain medication and takes it as prescribed - their body needs the drug, but they're not taking it to get high or anything like that.

    Addiction is generally defined as seeking/needing the drug for purposes other than genuine pain control.

    It might seem a semantic difference, but to the pain community it's an important distinction
    But see...that's my point. I am dependant on opiates but I'm not an addict who shoots up all the time. So can't I sue for defamation and slander if people call me a vicodin *addict* instead of *dependent*?

    Also...the man I loved who was married... had an online relationship, not an affair. Is it just semantics or can I sue those people slandering me by saying I had an online affair with a married man? Affair seems sordid...and we weren't sordid...it was real love.

    And another thing...one of those cowards said my full name and wrote that they read somewhere I had herpes...is that not slander also?
  6. #6
    Proserpina is offline Senior Member
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    Quote Originally Posted by stressed1 View Post
    But see...that's my point. I am dependant on opiates but I'm not an addict who shoots up all the time. So can't I sue for defamation and slander if people call me a vicodin *addict* instead of *dependent*?

    No - because the general public uses both interchangeably.

    Plus, "addict" doesn't mean that you're shooting up.


    Also...the man I loved who was married... had an online relationship, not an affair. Is it just semantics or can I sue those people slandering me by saying I had an online affair with a married man? Affair seems sordid...and we weren't sordid...it was real love.


    Now that's semantics - you did have an online affair. You can flower it up a little for your own peace of mind, but it's really the same thing. There is absolutely no cause of action there.



    And another thing...one of those cowards said my full name and wrote that they read somewhere I had herpes...is that not slander also?

    Now that is, in some states, considered defamation per se.

    If you wish, by all means have a chat with an attorney who specializes in defamation cases.

    Please bear in mind though that these suits are terrifically expensive - I'm talking tens of thousands of dollars and several years - and incredibly stressful. It's further complicated because you're talking about several different states.

    I know your feelings are hurt, but really, perhaps the best idea would be to move on.

    I'm sorry, but I don't see this ending well if your pursue it.
  7. #7
    stressed1 is offline Junior Member
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    Quote Originally Posted by Proserpina View Post
    No - because the general public uses both interchangeably.

    Plus, "addict" doesn't mean that you're shooting up.






    Now that's semantics - you did have an online affair. You can flower it up a little for your own peace of mind, but it's really the same thing. There is absolutely no cause of action there.





    Now that is, in some states, considered defamation per se.

    If you wish, by all means have a chat with an attorney who specializes in defamation cases.

    Please bear in mind though that these suits are terrifically expensive - I'm talking tens of thousands of dollars and several years - and incredibly stressful. It's further complicated because you're talking about several different states.

    I know your feelings are hurt, but really, perhaps the best idea would be to move on.

    I'm sorry, but I don't see this ending well if your pursue it.
    But there in lies the rub as they say...someone posted a comment on a blog in the UK that helps herpes sufferer's...I got the comment deleted. But I'm trying to think the way a defendant's attorney would think...it is true that anyone who googled my name would see my name on a herpes blog. I didn't post that...I am INNOCENT! Someone else posted it and they were sneaky...they just said "thanks for your blog it's a resource for herpes sufferer's" and signed my name. Therefore *implying* that I had some interest or had herpes. So if I sue these people for posting on a vile forum that they read I had herpes on another blog it would technically be true [although I never posted on that blog it was an Impostor pretending to be me]. I don't want to let these f***ers win and continue abusing me like this. Can you help me? Surely the law is there to protect victims like me? What if I got a lawyer to get a court order to impound the computers of the suspects I think///know are behind this bashing,,,is an out of state court order to impound computers hard to get? Would that help? You said it would cost tens of thousands of dollars to proceed with a lawsuit against these personal terrorists..but if I win won't they *have* to pay the costs of my attorneys fees and damage for my pain and suffering for the last 6 years?
  8. #8
    Proserpina is offline Senior Member
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    Quote Originally Posted by stressed1 View Post
    But there in lies the rub as they say...someone posted a comment on a blog in the UK that helps herpes sufferer's...I got the comment deleted. But I'm trying to think the way a defendant's attorney would think...it is true that anyone who googled my name would see my name on a herpes blog. I didn't post that...I am INNOCENT! Someone else posted it and they were sneaky...they just said "thanks for your blog it's a resource for herpes sufferer's" and signed my name. Therefore *implying* that I had some interest or had herpes. So if I sue these people for posting on a vile forum that they read I had herpes on another blog it would technically be true [although I never posted on that blog it was an Impostor pretending to be me]. I don't want to let these f***ers win and continue abusing me like this. Can you help me? Surely the law is there to protect victims like me? What if I got a lawyer to get a court order to impound the computers of the suspects I think///know are behind this bashing,,,is an out of state court order to impound computers hard to get? Would that help? You said it would cost tens of thousands of dollars to proceed with a lawsuit against these personal terrorists..but if I win won't they *have* to pay the costs of my attorneys fees and damage for my pain and suffering for the last 6 years?

    One more question - do you have an EXTREMELY UNIQUE name?

    You're not going to get any computers seized or impounded.

    You're not going to get any forum host to release IP information without a subpoena and that's going to cost you SERIOUS money.

    I'm sorry - but that really is about it. Sure, you can sue. In this country anyone can sue anyone else for just about anything. But you're going to have to pay the attorney UP FRONT and try to recoup losses afterwards. Do you have around $80k to spend up front? What about the alleged perpetrators? Do they actually have any money?
  9. #9
    quincy is offline Senior Member
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    The average estimated cost of a defamation suit in the U.S. is $500,000. These suits are expensive. When more than one state is involved, costs increase substantially. If you win a suit (and there is no guarantee of that), then your attorney can be paid from the damages awarded. If you are suing someone with no money, there is little chance to collect, however, so you may be spending a lot of money and getting nothing but an on-paper victory in return.

    Because most websites will not release the identities of posters on demand, you will need court orders to get the identities of the posters. This means you must present your case with supportive evidence to a court for review, before such an order will be issued. Often this requires that you file your defamation suit first, against "John Doe" defendants. The websites themselves are protected from suit by the Communications Decency Act 230, unless they contributed to the writing of the defamatory content (which is unlikely), so they would not be listed as defendants.

    Before taking any action at all, you should know what the statute of limitations for filing a defamation suit is in all states involved (for Pennsylvania, for instance, you have one year from the date of first publication of the defamatory material to file suit). If the comments were posted years ago, you may have missed the opportunity to file suit. If you are within the statutory period and you decide to get subpoenas to have the identities of the posters revealed, you will need to show the court that your action can survive a motion to dismiss.

    There is a difference between addiction and dependence, but laypersons are generally not expected to know the medical difference. These words are often used interchangeably, as Proserpina said, and if dependence is true, it would not necessarily be defamatory for a layperson to use the word addiction instead. It really depends on how exactly the comments were phrased. Using the word "filthy" with "addict" gives a different picture of your use than does "medical dependence," however, so there is a possibility a court would see it as defamatory. And a false herpes implication could potentially support a suit, as well, but it would depend on a review of the facts. The other statements (the twit, bitch comments) and the comments about your online relationship are as Proserpina indicated, and are not defamatory.

    Your best option is to contact the websites in question and file complaints (it is generally against the terms of services of most sites to include real names, so your name may be deleted, even if the comments aren't). And then it might be wise to follow Proserpina's advice and contact an attorney in your area, to review all of what has been posted about you. The attorney can help you determine if you have any action worth the high costs of pursuing. This will require an initial investment of $200 or more an hour, however, for an attorney's review.

    I think that both Proserpina and Antigone have offered you excellent advice and good direction. You may, as Pro said, just have to let it all go and move on.
    Last edited by quincy; 01-08-2011 at 08:32 AM.
  10. #10
    stressed1 is offline Junior Member
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    ....Thanks for the advice.

    My name is unique.

    Final question...can I nail these stalkers for asking questions like..Has [my full name] C**** S*** got herpes? ISn't that an implication of some sort? I'm so sick of this endless bullying and I feel the law should protect those who are innocent victims.

    And the evil forums these bullies post on don't have a tos...they post people's full names all the time and the owner says it's legal cuz it's public record...is that true?

    Would any attorney take my case pro-bono?
  11. #11
    Proserpina is offline Senior Member
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    Quote Originally Posted by stressed1 View Post
    ....Thanks for the advice.

    My name is unique.

    Final question...can I nail these stalkers for asking questions like..Has [my full name] C**** S*** got herpes? ISn't that an implication of some sort? I'm so sick of this endless bullying and I feel the law should protect those who are innocent victims.

    And the evil forums these bullies post on don't have a tos...they post people's full names all the time and the owner says it's legal cuz it's public record...is that true?

    Would any attorney take my case pro-bono?


    Your name IS public record - that's correct.

    I doubt any attorney will take a defamation case pro-bono. As we've said, these suits are terrifically expensive to litigate and unless you can show substantial damages AND there's a good chance at actually collecting any judgment, you're basically wasting time and money that you don't have.

    And I'm truly not being argumentative...but I doubt your name is actually unique.

    My legal name is very, very unusual - but even I know that it's not unique.



    Honestly - I truly believe your best bet is to move on.
  12. #12
    stressed1 is offline Junior Member
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    Quote Originally Posted by Proserpina View Post
    Your name IS public record - that's correct.

    I doubt any attorney will take a defamation case pro-bono. As we've said, these suits are terrifically expensive to litigate and unless you can show substantial damages AND there's a good chance at actually collecting any judgment, you're basically wasting time and money that you don't have.

    And I'm truly not being argumentative...but I doubt your name is actually unique.

    My legal name is very, very unusual - but even I know that it's not unique.



    Honestly - I truly believe your best bet is to move on.
    You're telling me that the law is not on the side of the innocent and the harmed? How can these people get away with this...it's NOT FAIR.

    My question above wasn't answered...

    can I nail them for posting questions on forums using my full name? Like...Has "C*** S**** got herpes? surely that's leading and trying to coerce people into believing defamation about me.

    I think I know who they are. If I file a police complaint can they go to the cops in the perp's states and confiscate the computers of the people who I think are doing this to me?

    Then I will have enough proof to sue them and get an attorney to take my case pro-bono.

    I have endured years of pain and suffering from these stalkers...if my doctor can testify that my health has deteriorated due to stress from these stalkers can I make a case? Can I represent myself?
  13. #13
    Proserpina is offline Senior Member
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    Quote Originally Posted by stressed1 View Post
    You're telling me that the law is not on the side of the innocent and the harmed? How can these people get away with this...it's NOT FAIR.

    My question above wasn't answered...

    Life isn't fair. People do bad things. Not all of them are legally actionable.



    can I nail them for posting questions on forums using my full name? Like...Has "C*** S**** got herpes? surely that's leading and trying to coerce people into believing defamation about me.

    This was answered. Your name is public. It's not private information. And while stating someone has an STD is, in some states, considered defamation per se, it usually is not a criminal offense, but a civil matter.



    I think I know who they are. If I file a police complaint can they go to the cops in the perp's states and confiscate the computers of the people who I think are doing this to me?
    This was answered. It is likely NOT a criminal matter.



    Then I will have enough proof to sue them and get an attorney to take my case pro-bono.

    Again, this was answered. No attorney is going to take a case like this pro bono.


    I have endured years of pain and suffering from these stalkers...if my doctor can testify that my health has deteriorated due to stress from these stalkers can I make a case? Can I represent myself?


    You must understand how expensive defamation suits are. Do you really have thousands and thousands of dollars? Because even if you represent yourself, that's what it's going to cost.

    I cannot see any attorney taking a defamation case pro bono.
  14. #14
    JaMount84 is offline Junior Member
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    I'm sorry. Like the first answer said, just do not go to these sites/crowd your mind and life with these people and their issues. If they're not your family, it'll be easy to get them out of your hair, right? I've been bullied, called actually untrue names, etc. By my family. And they've done more direct things as I've gotten older, but I know it's not fun to be called hurtful, or untrue names. Or, even if they're true, to have it thrown in your face. One thing that has helped me cope with my situation, especially when I was dealing with what happened to me directly after an untrue, hurtful retaliation petition was filed against me, is the truth is the truth no matter what. My mom actually said something kinda similar to what you've experienced, she made up this ridiculous, grasping at straws attempt lie that i was actually abusing benadryl. Number one, Benadryl was not found in my system when I was evaluated bc of that petition, so wouldn't they realize it was bogus? I had been having really bad allergy attacks at that time, and for 3 days, I took one benadryl a day as needed to help cope with it. I didn't even take benadryl when I did need it most of the time then. And I was prescribed Benadryl for ant and mosquito bites I'd gotten, and took one, and realized it was too strong, didn't touch the rest. And i do remember my mom saw me taking the over the counter benadryl (like i said, for 3 days, one a day). So, in her delusional mind, she justified hurting me, because..she had already hurt me, and no way could she be the problem. In her mind. But that's not reality. and, you know you're not an addict, right? Also, Psalm 23, has helped me, even if it doesn't take away the problem, it helps.
    Eventually, everything does come out, and usually people who bully, abuse, etc are really sick messed up people. And, the problem is within them, but they refuse to get help, and that's not mine or your fault.
    And also, i have been really misjudged, but they're not god. and that's not their job, so at the end of the day, it doesn't matter, but it does hurt. I am seeking legal help to protect and stand up for myself, to finally say my truth. Not to just get money, but to make sure this does not happen anymore to my life, as it has.
  15. #15
    stressed1 is offline Junior Member
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    Quote Originally Posted by Proserpina View Post
    Life isn't fair. People do bad things. Not all of them are legally actionable.





    This was answered. Your name is public. It's not private information. And while stating someone has an STD is, in some states, considered defamation per se, it usually is not a criminal offense, but a civil matter.





    This was answered. It is likely NOT a criminal matter.





    Again, this was answered. No attorney is going to take a case like this pro bono.






    You must understand how expensive defamation suits are. Do you really have thousands and thousands of dollars? Because even if you represent yourself, that's what it's going to cost.

    I cannot see any attorney taking a defamation case pro bono.
    ok BUT what about this case where facebook impersonators were arrested for cyber stalking a 15 year old? Surely my case is the same except I'm an adult?
    Look it's here on the smoking gun...
    [url=http://www.thesmokinggun.com/documents/florida/girls-busted-phony-facebook-pages]Girls Busted For Phony Facebook Pages | The Smoking Gun[/url]

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