Regarding legal action...

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Cwckifan

kiwifarms.net
Joined
Feb 6, 2013
...Given the new FB post discussed here: viewtopic.php?f=8&t=2336 , can Chris get into actual legal trouble for this? Really, the bitterness is enough, but when you combine it with the spewing hate and vitriol, statements like 'You must pay' sure can seem like threats. Moreover, how isn't this libel and defamation of character? It really must be everyone else's lack of interest in Chris which keeps him out of legal trouble, because any other person would've sued him into oblivion by now
 
I think the most that could happen at this point is him getting his facebook page cut down like so many internets before it. He might be able to get sued for something if he keeps posting crap like this a lot but it wouldn't be worth it since he's impotent to the extreme and will never be able to do anything about anything ever.
 
Probably if they really wanted too. I'm not up on the law so much. It wouldn't be worth it at all and all he'd most likely get was some sort of restraining order. I don't know for sure and am just guessing.
 
Above all else, I think Megan Schroeder just wants to forget Chris ever existed. So therefore she's not even recognizing his existence, let alone suing him or filing a restraining order against him.
 
Cwckifan said:
Still, can't family pursue legal action on her behalf?

I ain't no lawyer, but as far as I understand this whole legal standing thing a tort lawsuit can only be pursued by the person who has been supposedly harmed by the person being sued. Megan's family can't pursue legal action on her behalf, their only way to sue Chris is if they can demonstrate that they themselves have been harmed by him. At least that's what I think.
 
Legally, I would think the best time for Megan to file any suit against Chris would have been a defamation suit for the shecameforcwc picture. There she would have probable cause and evidence that Chris caused her some kind of mental anguish. Although Chris's facebook message is disturbing, he doesn't make any outright bodily threats towards her. I would imagine the best Megan can do right now is to continue to ignore him, Chris's attention span is short enough that he'll probably forget all about her by this weekend.
 
Tenrouchan said:
Legally, I would think the best time for Megan to file any suit against Chris would have been a defamation suit for the shecameforcwc picture. There she would have probable cause and evidence that Chris caused her some kind of mental anguish. Although Chris's facebook message is disturbing, he doesn't make any outright bodily threats towards her. I would imagine the best Megan can do right now is to continue to ignore him, Chris's attention span is short enough that he'll probably forget all about her by this weekend.

I don't think that shecameforcwc can be classified as defamation. In order to be considered defamatory it has to make some kind of a false statement about Megan. I don't think it can be argued that the drawing is an attempt at spreading false information, it's merely Chris's way to act out his fantasies. Megan would have a better case in court if she claimed that shecameforcwc is a negligent infliction of emotional distress.

The facebook posts might serve as a basis for a defamation lawsuit against Chris, since they contain actual false statements that could in theory harm Megan's reputations (i.e she orchestrated the trolling campaign against Chris).
 
Cwckifan said:
Fair enough. Still, you think he might go back to The PLace
I think there's a big chance he wouldn't do that, purely out of fear of jail.
 
I get the feeling that Jail has becomes Chrissy's bug-a-boo.

He pulled a typical tantrum to escape the fact he hit Mike with his car but for once no one came to make it all better, his Mommy tried but it didn't stop the Jerkops from cuffing him, putting him in the car and placing him in a jail cell.

Then he attempted another tantrum but was dumbfounded when all his behaviors that normally save him ( ie acting like a 3 year old) didn't change anything. He was ignored until it was time to move him from a holding cell to a detainment area and nothing he said or did changed a damn thing.

He had probably never felt so powerless before or again.
 
Unless he does something truly idiotic, the Autism card will shield him from legal repercussions. As far as the authorities are concerned, he's just a retard, behaving like a retard.
 
http://en.wikipedia.org/wiki/Defamation#Libel

How to prove libel[edit]

There are several ways a person must go about proving that libel has taken place. For example, in the United States, the person must prove that the statement was false, caused harm, and was made without adequate research into the truthfulness of the statement. These steps are for an ordinary citizen. For a celebrity or a public official, the person must prove the first three steps and that the statement was made with the intent to do harm or with reckless disregard for the truth,[12] which is usually specifically referred to as "proving malice".[13]

I don't think she'd have much of a libel case against him. It would be impossible for her to prove that she didn't secretly organize a trolling campaign against him, or that his claims to the contrary have caused her any harm. His FB outbursts are really just the internet equivalent of a maniac standing on a street corner with a loudspeaker screaming about conspiracies. He's mentally ill. There isn't a person in the entire world who believes anything he says at this point. He can't hurt anyone but himself with this stuff.
 
Also, by and large, legal systems-which move like lumbering fossils-have yet to get up to speed on the whole Internet thing. Mainly that it exists, is not going away, and is not a wretched hive (for the most part)
 
Cwckifan said:
...Given the new FB post discussed here: viewtopic.php?f=8&t=2336 , can Chris get into actual legal trouble for this? Really, the bitterness is enough, but when you combine it with the spewing hate and vitriol, statements like 'You must pay' sure can seem like threats. Moreover, how isn't this libel and defamation of character? It really must be everyone else's lack of interest in Chris which keeps him out of legal trouble, because any other person would've sued him into oblivion by now

Chris is pretty good at skirting ( :tomgirl:) right up to the boundary of actual threatening language.

MrTroll said:
http://en.wikipedia.org/wiki/Defamation#Libel

How to prove libel[edit]

There are several ways a person must go about proving that libel has taken place. For example, in the United States, the person must prove that the statement was false, caused harm, and was made without adequate research into the truthfulness of the statement. These steps are for an ordinary citizen. For a celebrity or a public official, the person must prove the first three steps and that the statement was made with the intent to do harm or with reckless disregard for the truth,[12] which is usually specifically referred to as "proving malice".[13]

I don't think she'd have much of a libel case against him. It would be impossible for her to prove that she didn't secretly organize a trolling campaign against him, or that his claims to the contrary have caused her any harm.

It doesn't mean the burden is on her to conclusively prove a negative. In tort law the threshold is the "preponderance of evidence," meaning she would have to prove with 51% certainty that Chris was lying (as opposed to criminal law where the burden of proof of say, harassment, is 95%).
 
Protection Order, probably pretty easy to get. Chris comes near her or doxes her, he goes straight to jail.
 
Does Chris even know, or could he get, her address or phone number?
 
He probably has old info, let's hope he doesn't get anything new.
 
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