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So I'm guessing you're not a lawyer then and just enjoy talking about things with authority on HN as though you are an expert. I'm disappointed yet again, but

So I'm guessing you're not a lawyer then and just enjoy talking about things with authority on HN as though you are an expert. I'm disappointed yet again, but not surprised since that seems to be the norm here. Please stop doing that - it makes this community worse. Yes, I did read it, thanks for being condescending and violating HN guidelines. As I said already, I sat on the jury for a similar case that did go to trial in California so your rationale for thinking this wouldn't doesn't make sense to me and seems based on no actual experience. This is not an instance of someone simply quoting another person - the individual who posted the memo online did so deliberately to cause harm and bring unwanted media attention and public hatred toward another individual, which pretty much ruined his life. Further, your focus on the "outrageous" portion only shows you're cherry picking what you want this particular tort to say rather than the whole definition. So yes, it is reckless disregard under that standard and any lawyer could probably bring it to trial if they so desired. Whether the jury would find the tweeter guilty or not is another matter.

wpietri 6y ago
You have absolutely no idea what the intent of the person posting was. None. You are making things up to suit your position. You having sat one one whole jury does not make you an expert in this topic. I am not "cherry picking". I quoted the whole standard. It has three parts. I pointed to the part that in my view clearly does not apply. If you think it does apply, feel free to argue it. But standing on your expertise of being in the same room with lawyers once does not cut it for me.
LurkersWillLurk 6y ago
There are multiple prongs to the tort and all of them have to be fulfilled. A reasonable jury cannot conclude that leaking the memo to the media is outrageous conduct beyond all the standards of civilised society. It no longer matters if the defendant acted intentionally; the claim fails and must be dismissed.

wpietri 6y ago

You have absolutely no idea what the intent of the person posting was. None. You are making things up to suit your position. You having sat one one whole jury does not make you an expert in this topic. I am not "cherry picking". I quoted the whole standard. It has three parts. I pointed to the part that in my view clearly does not apply. If you think it does apply, feel free to argue it. But standing on your expertise of being in the same room with lawyers once does not cut it for me.

LurkersWillLurk 6y ago

There are multiple prongs to the tort and all of them have to be fulfilled. A reasonable jury cannot conclude that leaking the memo to the media is outrageous conduct beyond all the standards of civilised society. It no longer matters if the defendant acted intentionally; the claim fails and must be dismissed.