this post was submitted on 25 May 2024
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A jury has awarded more than $1.1 million to an Idaho drag performer who accused a far-right blogger of defaming him when she falsely claimed that he exposed himself to a crowd, including children, during a Pride event in June 2022. 

The Kootenai County District Court jury unanimously found Friday that Summer Bushnell defamed Post Falls resident Eric Posey when she posted a doctored video of his performance with a blurred spot that she claimed covered his “fully exposed genitals,” the Coeur D’Alene Press reported

In reality the unedited video showed no indecent exposure, and prosecutors declined to file charges. 

“The judicial system did what needed to be done,” Posey said after the verdict.

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[–] JonsJava@lemmy.world 46 points 5 months ago* (last edited 5 months ago) (2 children)

Compelling speech is a violation of the first amendment.

Yeah, I wish they could force it, but they can't. They might be able to come to an agreement between both parties that if the defendant did XYZ, the plaintiff would reduce damages by X amount.

I don't see that happening, though.

[–] Buffalox@lemmy.world 45 points 5 months ago (2 children)

But it's libel, usually if you are judged guilty of libel, it follows it must be taken down. Otherwise she can be sued again, because it's still libel.

[–] hoshikarakitaridia@lemmy.world 27 points 5 months ago* (last edited 5 months ago)

I was gonna say you might not have to sue again for taking down the post, you could just ask in judgement phase that you get x amount of money for every day the post was and is up since it was created. Should do the trick.

IANAL tho.

[–] LifeInMultipleChoice@lemmy.world 10 points 5 months ago

So could they not just push it to state that every additional view that it gets on any platform will require $50,000 of further defamation payments. Thereby making it a much wiser decision to not defame the people?