OT: Chung basher gets what he deserves, sues over it

[SHOWTIME15]

@TommyBrady12 is absolutely right when he talks about Agency Law. This social media guy was a representative of Chung, authorized to post on Chung's own personal Instagram account. That is the textbook definition of someone working as an agent on another's behalf.

Chung would be responsible if that guy posted something defamatory to Chung's Instagram account. The thing is here, IMHO, there was nothing defamatory.
Once again your analogy is epic fail. Here's a better analogy:

Suppose a reporter for a TV station gives a report which defames an innocent citizen. Is the TV station legally liable? You're damn right they are.

I honestly don’t think it’s defamation. What falsehoods did Chung’s guy make? Really to me the question is whether the guy lost his job because of the texts which were made public (causation) and if so whether Chung is responsible for the acts of someone he employs?

 

[XLIX]

I honestly don’t think it’s defamation.

I agree with you.

What falsehoods did Chung’s guy make?

The accusation - which I do not agree with - is that a false impression was given.

Really to me the question is whether the guy lost his job because of the texts which were made public (causation) and if so whether Chung is responsible for the acts of someone he employs?

Chung is responsible for someone he employs in this instance. But the problem for the Rams guy is that nothing defamatory was posted to Chung's account. It was an accurate reposting of a text message that Rams guy sent.

 

[Joker]

I called Fnard a space alien once...am i getting sued by the Galactic Imperium now?

 

[PWRxWLF]

He wasn't a "little guy". He was a Rams Ticket Executive. If it was a ticket booth guy, I doubt this is even a story.

In comparison to a player, he’s a little guy. That’s why I made the 6 million in guarantees comment. If it was Donald texting someone saying “Brady’s a *****.” He wouldn’t get released. Are ticket booth guys even a part of the organization? I would assume something like that is handled by a 3rd party that’s contracted. Anyways, a ticket executive is an easily replaceable position in the bigger scheme of a football organization.

 

[Patriot Missile]

Liability? I don’t care.
Still, I hope Chung fired his social media guy for his lack of awareness and poor decision making that placed his employer in the line of fire. At a minimum, Chung will face legal costs in order to extract himself from his employee’s actions.

Don’t see why he would fire his social media guy? And btw, this could backfire on this tird if Chung decides he is going to make the plaintiff pay his legal fees. The judge may side with Chung and not only is he out of a job but he’s also in the hole for thousands of dollars.

 

[TheFlyingWedge]

How did this guy’s text message wind up on social media to begin with?

 

[TBR]

This guy is an idiot. It's not like Chung leaked the text message. He's free to comment on something that was leaked.

 

[n1997y]

Expectation of privacy will be important, and I expect is likely to turn out to be fantastically distorted.

Think about it this way, without tweets or computers at all:

You write your thoughts on paper as a letter (remember those?), put it inside an envelope with a stamp on it and mail it to someone. After they receive it they tape it up on the inside of their very public storefront window because they think it says something everyone should see.

Is there legal grounds for action because your expectation of privacy has been violated and you suffered harm when your boss read it, saw you’re a dumbass and fired you?

I expect this is likely to be dismissed fairly quickly. Dumbass just went all-in with a nine high.

It would be interesting to know more about this, on whether or not text messages are considered private property. Let's see if the lawyers on this forum can post some takes on it.

I wonder if rules are similar to emails where privacy laws do not apply to any email shared publicly except when accompanied by a notice forbidding transmission to a third party..?

This is the first good take on this, imo, and I agree. I can't imagine how many civil suits there would be if someone was able to sue because they faced personal or financial ramifications from a text they sent being shared publicly.

So the guy is friends with Chung’s social media director and texted him and then Chung’s social media guy posts the text on facebook? I don’t like what he said, but it was a private text and the guy had a reasonable expectation of privacy. If my friends posted something I texted to them on social media, I’d have a problem with it too.

 

[patchick]

Don’t see why he would fire his social media guy?

Because posting your own nasty private text conversation on your employer's public social media feed is a sign of lousy judgment in your chosen profession?

I agree that the lawsuit should be tossed out, but I sure as hell wouldn't hire that "professional social media manager."

 

[SHOWTIME15]

Expectation of privacy will be important, and I expect is likely to turn out to be fantastically distorted.

Think about it this way, without tweets or computers at all:

You write your thoughts on paper as a letter (remember those?), put it inside an envelope with a stamp on it and mail it to someone. After they receive it they tape it up on the inside of their very public storefront window because they think it says something everyone should see.

Is there legal grounds for action because your expectation of privacy has been violated and you suffered harm when your boss read it, saw you’re a dumbass and fired you?

I expect this is likely to be dismissed fairly quickly. Dumbass just went all-in with a nine high.

I don’t think the guy has much of a case against the Rams. The Rams can fire him for any reason. The case against Chung (if it’s something other than defamation) is a bit different.

 

[n1997y]

HUH??? Chung's guy did nothing wrong. The guy who messaged Chung is the asshat and claims of defamation are laughable.

^THIS.

“I did something stupid and you showed the world I did something stupid, thus you have defamed me. It’s all your fault. Not my fault.”

 

[Kontradiction]

^THIS.

“I did something stupid and you showed the world I did something stupid, thus you have defamed me. It’s all your fault. Not my fault.”

It’s not that what he did was wrong, IMO. It’s just a *****-made move. If I’m the guy that lost his job, I wouldn’t be suing. I’d be following him and waiting to catch him in a dark place. Any “man” that pulls something like that over some trash talk is a *****.

 

[n1997y]

In comparison to a player, he’s a little guy. That’s why I made the 6 million in guarantees comment. If it was Donald texting someone saying “Brady’s a *****.” He wouldn’t get released. Are ticket booth guys even a part of the organization? I would assume something like that is handled by a 3rd party that’s contracted. Anyways, a ticket executive is an easily replaceable position in the bigger scheme of a football organization.

Not the same. I’ll bet dollars to donuts Donald is an independent contractor, whereas the dumbass ticket guy is a traditional employee at will. Totally different situations, rules, etc. I’d also bet DATG has no signed employment contract, or at best a simple pro forma agreement that says he will follow rules set by the employer.

 

[n1997y]

....
Once again your analogy is epic fail. Here's a better analogy:

Suppose a reporter for a TV station gives a report which defames an innocent citizen. Is the TV station legally liable? You're damn right they are.

Your analogy is also a total fail, because there was no defamation.

Here’s a better analogy:

Suppose a reporter for a TV station gives a report on someone who did something epically stupid, like locking themself out of their house except much worse. Factually accurate, with no editorial opinion, just facts speaking for themselves. Is the TV station legally liable for defamation, when there was not any defamation?

 

[patchick]

^THIS.

“I did something stupid and you showed the world I did something stupid, thus you have defamed me. It’s all your fault. Not my fault.”

Would you be cool with the dumbest private personal texts and emails you've ever written being published on a high-profile forum by a supposed friend out to make you look bad? Lawsuit aside, that's a violation of common courtesy.

 

[Crazy Patriot Guy]

Would you be cool with the dumbest private personal texts and emails you've ever written being published on a high-profile forum by a supposed friend out to make you look bad? Lawsuit aside, that's a violation of common courtesy.

Exactly. I think the lawsuit is stupid but every single one of us is lying if we say we don't have a single text that would make us look bad or embarrass us if it were made public.

 

[Jlaff]

I believe there were similar sarcastic jokes about about Chung in the GTD (after the game appeared in hand and the mood lightened). I don't have a problem believing the social media guy mischaracterized this person's texts. The cognitive dissonance in this world is at an all time high.

 

[maust]

Would you be cool with the dumbest private personal texts and emails you've ever written being published on a high-profile forum by a supposed friend out to make you look bad? Lawsuit aside, that's a violation of common courtesy.

Agreed, but that said it's a violation of 'common' sense not to know the difference between a real friend and an acquaintance. Before you picture yourself having it happen to you perhaps you might ask yourself whether or not you'd send 'the dumbest private personal texts and emails you've ever written' to anyone you were sure wouldn't violate your trust. Beyond the stupidity of making light of an injury there's the greater stupidity of not knowing his audience and overestimating their degree of friendship to consider. That, to me at least, is where this fell into the area of truly inexcusable dumbassery. Once an idiot lands there they deserve what they get.

 

[PWRxWLF]

Not the same. I’ll bet dollars to donuts Donald is an independent contractor, whereas the dumbass ticket guy is a traditional employee at will. Totally different situations, rules, etc. I’d also bet DATG has no signed employment contract, or at best a simple pro forma agreement that says he will follow rules set by the employer.

I'm confused. Are you saying teams can't or won't release a player for actions that make the organization look bad? That's why this guy got fired, right?

 

[SHOWTIME15]

I would hold my friend responsible, not the person with more money.

If you don’t have a job, and can’t get one because of the text, what are you going to do? In the end, I don’t think Chung is going to be held responsible.