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Reason Magazine

Reason Magazine

Massive Campaign of Online Insults Can Lead to Intentional Infliction of Emotional Distress Liability

Reason Magazine
Summary
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Tera Shanley and her publishing company Wicked Willow Press , LLC sued Defendant Robyn A. Hutchings for defamation per se, defamation, injurious falsehood, false light, tortious interference, and intentional infliction of emotional distress.

Now, Plaintiffs move for summary judgment.

Shanley v Hutchings was decided earlier this year by Judge David Barlow ( D. Utah ).

Ms. Shanley has presented evidence of hundreds of posts on social media accusing her of various crimes and disreputable acts.

The content of these posts makes clear that they were personal attacks, not general comments on issues of public debate.

Shanley could collect presumed and punitive damages based on just a showing of negligence.

The volume of the posts convinces the court that Ms. Shanley has satisfied her burden in showing that there is no genuine dispute of material fact that Hutchings ' conduct was extreme and outrageous.

No reasonable jury could view this pattern of conduct and conclude otherwise, the court says.

A number of Ms. Hutchinson 's posts were clearly intended to goad Shanley by causing her emotional distress.

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