Defamation on my sexual orientation based on my pink clothing

[SmoothPinkJazz]

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

On another site that I visit, I posted a photo of myself wearing a pink shirt, hoodie, and baseball cap in a thread about how different clothing companies come up with names for different colors (the shade of pink for the shirt is Fairy Tale by IZOD). Unfortunately, some user is now saying that I am gay, even though I am not. In fact, I am opposed to same-sex marriage.

It seems like blatant defamation to call someone gay just because they wear a lot of pink. In truth, gay men do not wear pink any more often than straight men, and many gay men actually hate the color pink due to the stereotype.

I was wondering, what is the way to deal with this user? Should I notify the site's owners, or should I just ignore that user?

 

[Zigner]

Should I notify the site's owners, or should I just ignore that user?

Sure, do both.

 

[SmoothPinkJazz]

Sure, do both.

Thanks. My concern is that user may post defamatory statements about my sexual orientation on other sites, so hopefully this works.

 

[Proserpina]

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

On another site that I visit, I posted a photo of myself wearing a pink shirt, hoodie, and baseball cap in a thread about how different clothing companies come up with names for different colors (the shade of pink for the shirt is Fairy Tale by IZOD). Unfortunately, some user is now saying that I am gay, even though I am not. In fact, I am opposed to same-sex marriage.

It seems like blatant defamation to call someone gay just because they wear a lot of pink. In truth, gay men do not wear pink any more often than straight men, and many gay men actually hate the color pink due to the stereotype.

I was wondering, what is the way to deal with this user? Should I notify the site's owners, or should I just ignore that user?

It's not blatant defamation (it doesn't even come CLOSE). It's merely one more idiot. Ignore that idiot. Move on.

 

[RRevak]

In fact, I am opposed to same-sex marriage.

So *sniffle sniffle* you feel its ok to be a gross homophobe but don't like being treated like crap yourself? You're a sad pathetic individual and I hope whoever is calling you such names continues to do so with impunity. You certainly deserve it

I find the situation amusingly ironic...

 

[quincy]

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

On another site that I visit, I posted a photo of myself wearing a pink shirt, hoodie, and baseball cap in a thread about how different clothing companies come up with names for different colors (the shade of pink for the shirt is Fairy Tale by IZOD). Unfortunately, some user is now saying that I am gay, even though I am not. In fact, I am opposed to same-sex marriage.

It seems like blatant defamation to call someone gay just because they wear a lot of pink. In truth, gay men do not wear pink any more often than straight men, and many gay men actually hate the color pink due to the stereotype.

I was wondering, what is the way to deal with this user? Should I notify the site's owners, or should I just ignore that user?

Unfortunately, not every person, or every state, believes that being called gay is not defamatory. There are still, even in 2015, defamation suits filed that are based on nothing more than a false claim being made that the plaintiff is homosexual. Equally surprising, the individuals called gay may actually suffer reputational injury from the false label.

Some of the states that have difficulty recognizing gay "rights" seem to be the ones that spawn the most suits. These states include Arizona, Georgia, Kansas, South Dakota and Tennessee. And it was only a few years ago that New York state finally ruled that statements that someone was gay, or implications that someone was gay, were not defamatory. See the Howard K. Stern and The Blonde Ambition suit for one claim (Stern v. Cosby, et al). Stern lost. See also Robinson v. Radio One, out of Texas.

SmoothPinkJazz, you can notify the website owner if you feel the need. What the webhost will do is anyone's guess. I think it is stupid to worry about what has been written, and I would ignore the comments, but I don't know you or your situation in Arizona.

 

[Proserpina]

A couple of points.

1. Being against same-sex marriage does not mean you're not gay.
2. Some might think you're protesting a wee bit too much.

Just sayin'.

 

[quincy]

A couple of points.

1. Being against same-sex marriage does not mean you're not gay.
2. Some might think you're protesting a wee bit too much.

Just sayin'.

And yet we should not discount his concerns. Some people, and some areas of this country, are not friendly to those who are gay or thought to be gay.

As a note of interest, perhaps, people may want to search "Kordell Stewart," a former Steelers quarterback, who has not taken kindly to being called gay either, and who has recently filed a defamation suit in Georgia against Andrew Caldwell.

 

[Just Blue]

On must wonder how many Homosexual men and woman feel defamed for being mistaken for straight? If so I hope they can "sue for defamation".


BTW OP: Why do you give a flipping care what sexual orientation some random person thinks you are?

 

[not2cleverRed]

Pot, meet kettle. https://forum.freeadvice.com/computers-software-internet-law-10/blatant-free-speech-supression-moderator-citydata-com-594991.html

Oh, and grow up.

 

[quincy]

On must wonder how many Homosexual men and woman feel defamed for being mistaken for straight? If so I hope they can "sue for defamation".


BTW OP: Why do you give a flipping care what sexual orientation some random person thinks you are?

SmoothPinkJazz should care IF he finds the false label is affecting his reputation in an adverse way. We do not know what he does in real life (except pose in pink online) or what his community is like.

No one exactly likes to be falsely labeled. Shoot. I have been labeled a N@zi and a Communist and a North Korea sympathizer. Although the absurdity of such claims amuses me more than offends me, if someone were publicly identified as supportive of Kim Jong-un by someone who had an ounce of sanity (which my potential defamer does not have), I can see where reputational harm could potentially result.

Even though it appears clear that most of us would not be offended by being falsely labeled gay, and most recent case law out of most states finds that being called gay is no longer defamatory (it once was in all states), a portion of the population still feels defamed by the label, this whether reasonably so or not.



edit: Oh, blast it. SmoothPinkJazz has a questionable history. I should have checked. Thanks, not2cleverRed.

 

[Just Blue]

04-14-2013, 01:31 AM #3




SmoothPinkJazz



SmoothPinkJazz is offline Junior Member


Join Date:Mar 2012Location:ArizonaPosts:15









Quote Originally Posted by Proserpina View Post

Please show us which law you think has been broken.
The First Amendment of the U.S. Constitution, obviously. Suppression of free speech is illegal, since the U.S. Constitution precludes anyone from having their free speech violated. Fact is, I have good reasons to mention Fulton Homes in my posts wherever relevant, however, moderator observer53 intends on removing any mention of them from my posts regardless of whether or not they are relevant to the subject.

 

[Zigner]

Shoot. I have been labeled a N@zi and a Communist and a North Korea sympathizer.

...sometimes in the same thread!

 

[Just Blue]

SmoothPinkJazz should care IF he finds the false label is affecting his reputation in an adverse way. We do not know what he does in real life (except pose in pink online) or what his community is like.

No one exactly likes to be falsely labeled. Shoot. I have been labeled a N@zi and a Communist and a North Korea sympathizer. Although the absurdity of such claims amuses me more than offends me, if someone were publicly identified as supportive of Kim Jong-un by someone who had an ounce of sanity (which my potential defamer does not have), I can see where reputational harm could potentially result.

Even though it appears clear that most of us would not be offended by being falsely labeled gay, and most recent case law out of most states finds that being called gay is no longer defamatory (it once was in all states), a portion of the population still feels defamed by the label, this whether reasonably so or not.



edit: Oh, blast it. SmoothPinkJazz has a questionable history. I should have checked. Thanks, not2cleverRed.

I find it a bit different (vastly ) being called a mass murderer as opposed to a gay man or woman. Being gay is not a big deal. It really is not. Being called gay is not a big deal. Really.

 

[Proserpina]

And yet we should not discount his concerns. Some people, and some areas of this country, are not friendly to those who are gay or thought to be gay.

Which of course does not negate either of my points.

As a note of interest, perhaps, people may want to search "Kordell Stewart," a former Steelers quarterback, who has not taken kindly to being called gay either, and who has recently filed a defamation suit in Georgia against Andrew Caldwell.

Baaahahaha I KNEW you were going to bring up Kordell! (And not just because you know I bleed black and gold)

Caldwell did admit he lied, but Kordell's ex-wife doesn't care about that ...