Libel and Defamation in group email

[TexasTom]

What is the name of your state? Texas

I attended a class reunion of an unnamed academic institution several months ago in another state. Following the class reunion I received a rather hostile email from another alumnus (from a different class year) who presently resides in TN. In this email, the guy made several false and malicious statements about me, and copied several other alumni/ae on distribution. Those persons on distribution included residents of MN and FL. One of his false and malicious allegations was that I had two women and drinks in my hotel room at 4AM one morning during the reunion. He also alleged that a member of the board of directors of the alumni association had told him this statement. While some people might consider such libel a compliment, and years ago when I was single, I might have just laughed about it, but now that I am married, I do not want this sort of false and malicious publicity. I responded in email to him that I knew the allegations were false, and that I wanted to know who told him this lie, and who were the alleged women in my hotel room. I also commented that if two women were actually in my hotel room, then I considered it a breach of hotel security because I never authorized nor had any knowledge of two women being in my hotel room at any time during the reunion. The guy then replied back to me in email that he didn't want me to contact him anymore and he failed to address my questions concerning his previous libelous statements. He made subtle hints that he would sue me for harassment if I contacted him again. I posted this same information on an online alumni forum and did NOT disclose any names other than my "handle" on that forum. The moderators of that alumni forum deleted my message after certain other alumni/ae made caustic remarks about my post message. The moderators also removed myself and those others from being able to post any further messages on the alumni forum. Do I have any legal recourse in this matter ? Is there any way for me (or my legal agent) to get a court order to permit my right of discovery of facts pertaining to the person(s) who libelled me ? I would just let this issue drop, but it reoccurs each reunion year by a small group of alumni/ae who have a conspiracy going against me. I am tired of all the malicious libel against me by this individual and the clique he belongs to and I want to pursue legal action to get it to stop.

Regards,

TexasTom

 

[meganproser]

>>In this email, the guy made several false and malicious statements about me, and copied several other alumni/ae on distribution. Those persons on distribution included residents of MN and FL.

Are either of them willing to testify to the contents of the email they recd.?

You must be able to prove that the lie was communicated to a third person, who understood the communication was defamatory and that it was about YOU.

>>One of his false and malicious allegations was that I had two women and drinks in my hotel room at 4AM one morning during the reunion.

I doubt if anyone would think less of you because you had late night visitors during a reunion weekend. If this was his most serious allegation, he has not defamed you.

>> Is there any way for me (or my legal agent) to get a court order to permit my right of discovery of facts pertaining to the person(s) who libelled me ?

From what you’ve written here, I don’t think you have sufficient grounds to sue this guy for anything. You have to have a suit pending in order to conduct discovery.

If the issue is important enough to you, learn about defamation, intentional infliction of emotional distress, and invasion of privacy claims. You need to know where the line is drawn for such behavior in order to know if and when he crosses it.

*I am NOT an attorney.

 

[TexasTom]

>>In this email, the guy made several false and malicious statements about me, and copied several other alumni/ae on distribution. Those persons on distribution included residents of MN and FL.

Are either of them willing to testify to the contents of the email they recd.?

The email was sent directly to me with two other alumnae recipients being listed on the CC: line, and an undisclosed but (I believe) non-zero number of recipients on the BCC: line. To the best of my knowledge, those other recipients are friends of the sender, and are part of the "conspiracy" group that continues to manufacture malice and rumors against me. None of them will testify to anything that benefits me, unless they do so unintentionally while attempting to benefit their friend the libeler.

You must be able to prove that the lie was communicated to a third person, who understood the communication was defamatory and that it was about YOU.

I do have proof that the entire email message (containing lies) was communicated to others. I suspect that the hidden file headers would identify more information pertaining to whom those others are. Do you (or anyone else) know if the IP addresses of an email sender and recipients are stored in hidden header info ?

>>One of his false and malicious allegations was that I had two women and drinks in my hotel room at 4AM one morning during the reunion.

I doubt if anyone would think less of you because you had late night visitors during a reunion weekend. If this was his most serious allegation, he has not defamed you.

I believe that he was trying to falsely imply that I had two women and drinks in my room for purposes of a sexual liaison. Although I did have drinks in my room, I never had two women in my room, and I was never awake in my room at the 4AM hour, and I certainly did not have any sexual liaison. I believe that he was phishing for material to use in subsequent defamation, and stated that he was told this information by one of the alumni board of directors so as to take the spotlight of authorship off of himself.

One of the other false allegations in the libelers email message to me indicated that during the class reunion I had stalked a female friend of his. I know is totally false and pure fiction, and I told him so in my response email back to him. I believe that he manufactured that lie in an attempt to generate a history of rumored activity which may potentially be used as ammunition to have me barred from attending future class reunions. Although the libelers female friend used to be a friend of mine we have not been on friendly terms for the past couple of years. At the reunion, I never spoke to her, and the closest distance we ever got to each other (that I am aware of), occurred when she walked past me in a musical auditorium to take photos of a band on stage. She stopped about 6 feet in front on me, while I was taking pictures of the band. So I quit taking photos, lest that woman appear in my reunion photos by coincidence, and which could potentially be twisted to fit her agenda for evidence of stalking. She has a past history of using manipulation and deception to twist the facts for use against me in her rumor mill.

Another of the false allegations in the libelers email used weasle words to imply that I assaulted a male friend of his. Although I did speak to his friend at the reunion, and I admit telling the guy to quit libeling me in email and to repudiate his past emailed lies about me which he copied to yet more persons, I did not say anything that was untrue, and I did nothing to block his passage to walk away. The libeler, himself, was nowhere in my vicinity at that time to see what happened, so he was merely relying on hearsay evidence with accompanying embellishments.

I am curious whether false allegations of stalking or assault would be considered as defamation ?

>> Is there any way for me (or my legal agent) to get a court order to permit my right of discovery of facts pertaining to the person(s) who libelled me ?

From what you’ve written here, I don’t think you have sufficient grounds to sue this guy for anything. You have to have a suit pending in order to conduct discovery.

If the issue is important enough to you, learn about defamation, intentional infliction of emotional distress, and invasion of privacy claims. You need to know where the line is drawn for such behavior in order to know if and when he crosses it.

*I am NOT an attorney.

Thanks for your help. Even though you are NOT an attorney, I learn more about our legal system just by talking to people, and reading the forum threads herein. Are there particular websites that discuss libel and defamation as it pertains to internet communications ? Do I need to research the laws in my own state, or the state of residence of the guy who libeled me ?

This issue is VERY important to me. . . too important to merely let it slide into oblivian. I do not wish quit going to my class reunions, as I enjoy the comraderie of most of the people there... and I have committed no crimes against the particular group of alumni/ae who intimidate me, but I do feel that they have committed crimes against me.

As a summary note, I feel as though this particular conspiracy group of alumni/ae is driven or motivated by one woman who continues to slander me with false accusations of slander and harassment, but because slander is so hard to prove in court, I let the slander slide. On more than one occasion, she has used her friends to parrot her lies in email about me, so that she can evade committing libel herself. She even had one of her well known and well respected alumnus friends post a message to an online alumni forum in which he intimidates me and puts me down for my trying to find out who was the original author of the false rumor, because he feels that it didn't really occur because he never heard the rumor himself.

In any case, I believe that I can prove that written statements made about me are false, that such statements were copied to others, such statements were made out of malice and/or careless disregard for learning the truth. I perceive that my biggest challenge is demonstrating that such statements cause me injury which is quantifiable. How does one quantify emotional distress ? My medical insurance picks up most of the cost of my prescription anti-depressants.

Would it be unethical or illegal for me to document the whole history of this rift on a personal website and state unequivocably that I did NOT stalk or harass or assualt anyone at the reunion and I never had two women in my hotel room at the reunion and thus place the burden of proof on the libelers to demonstrate otherwise ? -or- would that merely make people angry ? I really get tired of all the garbage and unethical tactics these people use against me.

TexasTom

 

[meganproser]

>>The email was sent directly to me with two other alumnae recipients being listed on the CC: line, and an undisclosed but (I believe) non-zero number of recipients on the BCC: line.

This proves the sender claimed he sent copies to two other addresses. It does not prove they received and read such an email.

In your favor though, is the fact that he made a point of letting you know he had sent this to others, whether he really did or not. It does sound as if his whole reason for sending the email was to upset you. Did he say WHY he sent you a copy of this report on your behavior?

>>I do have proof that the entire email message (containing lies) was communicated to others. I suspect that the hidden file headers would identify more information pertaining to whom those others are. Do you (or anyone else) know if the IP addresses of an email sender and recipients are stored in hidden header info ?

An email header contains the IP of the sender only. If the email addresses of the other recipients are free email addresses, you probably can’t find out who owns them (because they may have given fictitious info when they signed up). On the other hand, you think you know who owns the addresses, so you would go right to them to ask them.

Do you know how to put a receipt in an email? If so, send an e to each of the addresses and see if they get opened. If they do, you will know the addys are valid, active, and you will get the IP numbers from your receipt.

>>Another of the false allegations in the libelers email used weasle words
What the heck is a “weasel word”?

>>I am curious whether false allegations of stalking or assault would be considered as defamation ?

Sometimes. It comes down to how much the statement sounded like a serious accusation that you were guilty of the actual crime of stalking or assault. “That guy was just stalking her all night, never let her out of his sight”, would not be a real allegation of the crime of stalking. Stalking requires a lot more than hanging out near someone at a gathering. It’s all about the context these accusations were made in.

>>Are there particular websites that discuss libel and defamation as it pertains to internet communications ?

A communication is a communication. The fact that it was made via email has no bearing on whether or not it is actionable. I don’t think there are any forums specifically for defamation but there are plenty of sites with information on it.

>>Do I need to research the laws in my own state, or the state of residence of the guy who libeled me ?

I’d look at the State where the main defendant lives.

>>Would it be unethical or illegal for me to document the whole history of this rift on a personal website and state unequivocably that I did NOT stalk or harass or assualt anyone at the reunion and I never had two women in my hotel room at the reunion and thus place the burden of proof on the libelers to demonstrate otherwise ?

You could do that but I don’t see what good it would do. How is anyone going to find the site? If it makes you feel better to put up such a site, just be sure you don’t violate anyone else’s right to privacy or accuse anyone of anything you can’t prove.

I don’t think anything you say will change the mind of anyone who believes these other guys. They’ve accused you of things you can’t disprove.

Good luck!

 

[TexasTom]

>>The email was sent directly to me with two other alumnae recipients being listed on the CC: line, and an undisclosed but (I believe) non-zero number of recipients on the BCC: line.

This proves the sender claimed he sent copies to two other addresses. It does not prove they received and read such an email.

I believe I may have proof that one of those CC:'d alumnae did actually read it, because she later sent me an email responding to my quote on another alumni forum regarding the libeler being so hostile towards me. Her response contained only one line "Why don't you ask <name> why he was so hostile?" .

At first, I thought it was rather ironic that she would send me a personal email, since she and I had not communicated one-to-one with each other in the previous 18 months. However, I later learned from the forum owner, that that woman and myself were neutralized on that forum. By "neutralized", I mean that our online forum memberships remain intact so that that we can read posted messages, but we can no longer post messages. BTW, I believe that woman is the "ring-leader" of the conspiracy against me. Several years ago, she and I were very good online friends, and I have a wealth of email evidence to substantiate that she initiated sexual advances towards me. That friendship apparently ended when she invited me to be her guest at one of her class reunions, and I accepted her offer. She later said that her invitation was just a joke. I think the history would make a good episode for the TV series "Desparate Housewives". I believe this history is also the primary motive behind her using others to libel me and defame my reputation.

>>In your favor though, is the fact that he made a point of letting you know he had sent this to others, whether he really did or not. It does sound as if his whole reason for sending the email was to upset you. Did he say WHY he sent you a copy of this report on your behavior?

He stated that he copied <names> on his email to me, so that they <names> would know where he stood on the issue.

>>Do you know how to put a receipt in an email? If so, send an e to each of the addresses and see if they get opened. If they do, you will know the addys are valid, active, and you will get the IP numbers from your receipt.

I recently found a menu option in my home ISP email software that would permit me to do that. I will have to try it out.

>>
>>Another of the false allegations in the libelers email used weasle words
What the heck is a “weasel word”?

I consider "weasle words" to be a slippery or clever way to falsely imply a statement, so as to provide the author a way out of admit that they said whatever was implied. I believe such tactics were used to avoid or minimize the risk of committing libel, in which the written words could be used as evidence in court.

>>
Good luck!

Thanks for the help... just being able to talk to someone about this gives me some measure of peace.

TexasTom

 

[BelizeBreeze]

Oh Brother!

 

[HomeGuru]

That's my quote and I'm glad you used it.

 

[TexasTom]

I can see that thread leaves some people speechless. Although the non-empty and non-trivial responses give me some measure of peace, I still feel the need to bring closure to this continuing alumni/ae feud. I would prefer to have the tumultuous defamation attacks of my fellow alumni/ae over and done with.... not for the purpose of restoring any previous friendships, but for the purpose of neutralizing the hostility. My past experience has shown me that merely ignoring it, does not make it go away.

TexasTom

 

[meganproser]

>>I consider "weasle words" to be a slippery or clever way to falsely imply a statement, so as to provide the author a way out of admit that they said whatever was implied. I believe such tactics were used to avoid or minimize the risk of committing libel, in which the written words could be used as evidence in court.

Very few individuals really understand libel law. Because they THINK they do, they believe it's possible to spread defamatory information about someone "carefully", in a way that they can't be held accountable.

The entire false allegation made about you could have been done in pig latin...the bottom line is, if the reader knew what the writer was saying about the plaintiff, the message was "published".

No amount of couching the allegations with such things as "it's only my opinion" or "I only HEARD this" will change the publication if the gist of the info conveyed meets the criteria for defamation.

Many people also mistakenly think that as long as they don't call the plaintiff by his legal name, they can't be accused of defaming him. Not true. As long as the reader knows who the writer was referring to, it doesn't matter what name the writer used.

For what it's worth I do understand your frustration with these people and so do many others. There is a movement to change the way defamation actions are handled, because the current system is an impractical solution for most defamation victims. You should really learn as much as you can about the various torts I mentioned to you, document what has happened thus far, and if things ever reach the point where you feel it's worthwhile to file suit, DO IT!

 

[TexasTom]

Earlier in this thread TexasTom said:
>>Would it be unethical or illegal for me to document the whole history of this rift on a personal website and state unequivocably that I did NOT stalk or harass or assualt anyone at the reunion and I never had two women in my hotel room at the reunion and thus place the burden of proof on the libelers to demonstrate otherwise ?

You could do that but I don’t see what good it would do. How is anyone going to find the site? If it makes you feel better to put up such a site, just be sure you don’t violate anyone else’s right to privacy or accuse anyone of anything you can’t prove.

I believe that the good it does in documenting this alumni feud on a website is to provide an objective historical record, which contains true and factual information. It also would enable me to collect all the evidence in one place, instead of having it scattered over various email address inboxes, and other locations. I possess a wealth of documented evidence spanning several years, and I am afraid that I might loose track of it, in the event that I need it for courtroom testimony.

As far as anyone finding the site, I suppose I could send the URL in certified mail to the ringleader of the conspiracy against me, and tell her to please read it, and forward it to the rest of her followers than proliferate lies about me on her behalf.

As far as violation of anyone else's right to privacy is concerned, where can I find out what type of information is considered private or confidential ? For example, is it illegal for me to cut-n-paste a PC screen capture of any of the following:

1. Their previous emails to me, in which they falsely accuse me of harassment, stalking, whatever lies they can dream up to intimidate me ?
2. Online forum messages in which members of the conpiracy tells lies about me... falsely implying that I was harassing or stalking them.
3. An online forum message in which the conspiracy ringleader stated that she had a harassment issue to deal with during a previous reunion... and my online forum response, in which I asked her why she didn't take the matter to court and let an unbiased judge and jury resolve the issue.
4. A scanned image of a snailmail communication which I received several years ago from the conspiracy ringleader which reads "Wanna get lucky" at the next reunion.
5. An "e-blackmail" message from the conspiracy ringleader from several years ago, in which she attempted to intimidate me from going to the class reunion (which she had earlier invited me to be her guest)... the threat contained in her "eblackmail" implied that she would communicate defamatory information about me to my wife and to the alumni board of directors. Unfortunately, she forgot that several months earlier she had asked me to send her that defamatory material for her entertainment, and that she thanked me (in email) for sending it to her.
6. Various pieces of email evidence which substantiate that the conspirators have used deception, manipulation, malicious spin on half-truth in their own communications about me.

I don’t think anything you say will change the mind of anyone who believes these other guys. They’ve accused you of things you can’t disprove.

Good luck!

They've accused me of things which they CANNOT prove.
50 years after this whole episode is resolved, I think this would make for an interesting movie script.

TexasTom

 

[BelizeBreeze]

No, this entire thread is a testiment to the stupidity of some posters and the responses they receive.
OH BROTHER!

 

[jpritchett81]

Why do you even care what the "online" world has to say about you anyway?? Just stop going to the forum!

 

[TexasTom]

No, this entire thread is a testiment to the stupidity of some posters and the responses they receive.
OH BROTHER!

I beg to differ. "Stupidity" is a relative concept. Someone could presently be a MENSA qualifier and still have lacked common sense at an earlier time in their life, when they had too much to drink and were taking prescription medications for back pain. I believe this from first hand experience. I do not believe that the foolish things some people do in college are necessarily a permanent character attribute throughout the rest of their lives. Unfortunately I still have to live with the consequences of making foolish decisions years ago... However, I did not break any laws then (or now), and I do believe that some of my fellow alumni/ae are breaking laws in their efforts to keep me away from class reunions.... I feel that their continued efforts to humiliate me and defame me are not appropriate, as I have done nothing illegal... I merely possess information about them that I'm not about to disclose to anyone at any reunions.

TexasTom

 

[BelizeBreeze]

Stupidity has nothing to do with intelligence.
Ignorance is the inability to learn
Stupidity is the REFUSAL to learn.

CASE CLOSED!

 

[TexasTom]

Why do you even care what the "online" world has to say about you anyway?? Just stop going to the forum!

The only reason I care what the "online" world has to say about me, is that the alumni forum of the academic institution to which I belonged can form opinions about me that are based on false rumors. This can potentially lead to other alumni/ae treating me badly at future reunions if they suspect the false rumors about me to be true. I wish to continue going to my reunions because I enjoy the comraderie and fun of being with several friends which I do not otherwise get to see very often.

I believe my situation is somewhat analogous to that a hypothetical person being falsely accused of being a child molester and then potentially becoming an outcast in his own neighborhood because of the prolific spread of misinformation via the rumor mill.

TexasTom