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Day 27/07/2010

Puerile attempts by adolescents to outdo each other

A Long Island, N.Y., judge has thrown out a $6 million defamation action filed by an Oceanside teenager against four former classmates who set up a Facebook page on which they joked that the teen used heroin and contracted AIDS by having sex with animals in Africa.

Nassau County Supreme Court Justice Randy Sue Marber ruled that no reasonable person could believe that the allegedly defamatory statements were facts.

“A reasonable reader, given the overall context of the posts, simply would not believe that the Plaintiff contracted AIDS by having sex with a horse or a baboon or that she contracted AIDS from a male prostitute who also gave her crabs and syphilis, or that having contracted sexually transmitted diseases in such manner she morphed into the devil,” Justice Marber held in Finkel v. Dauber, 012414/09.

“Taken together, the statements can only be read as puerile attempts by adolescents to outdo each other.”

(via New York Law Journal)