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.

  • @JonsJavaM
    link
    46
    edit-2
    6 months ago

    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
      link
      456 months ago

      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
        link
        27
        edit-2
        6 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.

      • @Ejh3k
        link
        English
        -216 months ago

        Not libel.

        • Stern
          link
          156 months ago

          How is it not libel when theres a court verdict confirming it is in fact libel?

          • @Ejh3k
            link
            English
            -136 months ago

            Libel - letter Slander - spoken Defamation - something else.

            Libel needs to be written and published. Slander needs to be said and broadcast. And depending on who it’s against, there are different levels of evidence needed. Like if you are a public figure, the person doing it needs to be doing it with the expressed purpose of injuring you name/actual malice.

          • @Ejh3k
            link
            English
            -136 months ago

            Also, at no point in that article does it say libel.

    • @LifeInMultipleChoice
      link
      106 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?