Opinion | Jessica Levinson: What GOP Rep. Devin Nunes’ Twitter defamation lawsuit says about the future of defamation law. - NBCNewsTHINK
Virginia’s law is similar to the protections against defamation found in every other state in the country. However, and this a big however, there is a good reason why Nunes chose to sue in Virginia as opposed to California, where his congressional district is and wheresays legal disputes involving the company must be heard. Virginia’s law is more favorable to people who might file lawsuits that actually harm a person’s right to free speech.
Specifically, Virginia’s anti-SLAPP law, to the extent one really exists there, is not nearly as robust as it is in states like California.stands for"strategic lawsuits against public participation," but public participation here really means the right to free speech.
But Nunes’ suit brings up questions the law has yet to tackle. We don’t know exactly what to do when someone, particularly an anonymous someone, types false statements about you that harm your reputation in that town square called Twitter. If you defame someone in a town square, chances are the whole town might find out about it — but perhaps not the whole world. The same is not true for Twitter users. If you defame someone on Twitter, a few key retweets could turn that defamatory statement into a worldwide sensation. Twitter allows for information, both true and untrue, to reach far beyond the confines of any town, city or even state.
And so to the extent a person does make a truly defamatory statement over Twitter , perhaps we should consider awarding more damages to account for the harm to their reputation. Future employers, spouses and friends can often find old tweets, even ones that are eventually deleted.
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