LITIGATION ALERT: VIRTUAL VITRIOL: Defamation and Internet Anonymity

The popular media’s description of a recent Tarrant County jury verdict -- in the case of Mark & Linda Lesher v. Doescher, Coyel, et. al. -- might lead you to believe the internet’s veil of anonymity is lifting.  The headlines read:  “Couple smeared online win lawsuit”; "'Anonymous' Posters to Pay $13 Million for Defamatory Comments”; “Couple Win $14 million After Un-Masking Anonymous Internet Trolls who Labeled Them Sexual Deviants.”  Unfortunately, this is not a bellwether moment, ushering in a new era of online civility.  Instead, it is an exemplar of the legal system grappling with the internet’s increasing importance; similar to the Recording Industry Association of America’s (RIAA) pursuit of online copyright protection, the use of Facebook in divorce and child custody cases, criminal prosecutions of online gambling proprietors, and the recent agreement between the Texas Comptroller and Amazon.com requiring the collection of state sales tax. For Mark & Linda Lesher this case is a bittersweet salvo -- pending the outcome of any appeal, of course -- ending their encounter with small-town gossip in the internet era.

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