3 ms·
As another reply said, context is everything. To elaborate: If you phrase it exactly as you said, I can imagine a lawsuit being successful. The comment--specif
by jarrett 13y ago
As another reply said, context is everything. To elaborate:
If you phrase it exactly as you said, I can imagine a lawsuit being successful. The comment--specifically, the phrase "you can get"--evidences a reckless disregard for the possible consequences. Arguably, a break-in is a reasonably foreseeable consequence. One might even argue that the commenter intended to cause a break-in.
I suspect there could be multiple theories of liability here, with all or most being torts. Naturally, the available causes of action would be a function of whether anybody acted on the suggestion and broke into the house.
On the other hand, if you phrased it differently, you might be safe. For example, it seems grossly unjust to punish expression along the lines of: "John Smith is internationally famous for the extensive Picasso collection in his home gallery." Almost any fact could conceivably be abused in the wrong hands. If a speaker were unconditionally liable for any subsequent abuse of his/her speech, regardless of the character or intent of the speech, nearly all factual speech would entail extremely burdensome legal risks.
So what determines whether a public comment about someone's valuables is actionable? Again, context. What did you say about the valuables? (Did you suggest stealing them?) Where was the comment published? (Was it on a burglary forum?) What was said elsewhere in the same article or conversation? (Was it part of a discussion about how to become a better burglar?) These are not necessarily the only factors. They're just examples of the types of factors a court might consider.
Check out Eugene Volokh's excellent article on this fascinating topic:
http://www2.law.ucla.edu/volokh/facilitating.pdf http://www2.law.ucla.edu/volokh/facilitating.pdf