Online message boards

Q: How do you address a situation where several dozen people used an online message board to direct excessively abusive commentary at you, hiding behind the First Amendment to do it? Exactly how would a victim of such harassment go about getting any kind of legal satisfaction?

A: We cannot tell from your email whether you would have any remedy for the abusive comments that have been addressed to you. Many comments about a person may be clearly offensive and yet nevertheless be protected under a variety of First Amendment doctrines. Although you may have a legal remedy for the statements, depending on the specifics, you should also be aware that under certain circumstances in California, a person who pursues legal remedies for statements in a public forum such as an internet chatroom may have to meet a higher burden of proof very early in the case and may have to pay the other sides' attorney's fees if the lawsuit does not meet that burden of proof. See California Code of Civil Procedure section 425.16.

You may wish to consult a private attorney about the specifics of your case.