Inside jokes lacking context can incur legal liability

Welcome to the Precious Metals Bug Forums

Welcome to the PMBug forums - a watering hole for folks interested in gold, silver, precious metals, sound money, investing, market and economic news, central bank monetary policies, politics and more. You can visit the forum page to see the list of forum nodes (categories/rooms) for topics.

Please have a look around and if you like what you see, please consider registering an account and joining the discussions. When you register an account and log in, you may enjoy additional benefits including no ads, market data/charts, access to trade/barter with the community and much more. Registering an account is free - you have nothing to lose!

pmbug

Your Host
Administrator
Benefactor
Messages
13,572
Reaction score
4,241
Points
268
Location
Texas
United-States
... Plaintiff Dennis Feitosa alleges that Defendant Daniel Keem defamed him when he tweeted that "Def Noodles," Feitosa's YouTube persona, had been accused of grooming 12- to 15-year-old girls….

Keem also argues that the Tweet is protected by the First Amendment because it is not a factual assertion capable of being proven true. Rather, he argues, in light of the Twitter context, the Tweet is clearly a joke, an example of hyperbolic and rhetorical speech that no reader familiar with the Twitter genre would have taken as stating provable facts. Keem explains that within the insular influencer world both Feitosa and Keem inhabit, "comedians, entertainers, gamers, and influencers often post salacious and sometimes-controversial mocking content about each other and others with the hope of generating reactions among those who follow them."
...
But here, unlike the cases cited above, Keem does not point to a discrete publication like a complete news article or a full broadcast that this Court could consult to shed light on the meaning of the Tweet. Rather, Keem submits his own selection of tweets and a link to a podcast interview to support his version of the context this Court should consider.

Keem's submissions are far broader than what courts normally consider in assessing a statement's context, let alone what courts consider on a motion to dismiss. They risk depriving Feitosa of a fair adjudication by asking this Court to consider an incomplete record. This Court therefore declines to consider the documents Keem submits and will only consider the face of the complaint.

Considering the facts alleged in the complaint, a reasonable reader could have understood the Tweet as alleging provable facts about Feitosa: that he had been accused of grooming 12-15 year old girls for sex, that victims existed, that he had been approached for comment, and that he had declined to comment. Keem's motion to dismiss on the grounds that the Tweet is protected by the First Amendment therefore fails at this stage….
...


Sometimes a joke isn't a joke.
 
Back
Top Bottom