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.

  • Buffalox@lemmy.world
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    5 months ago

    jurors asked the court if they could direct Bushnell to take down her posts about Posey and publicly apologize to him. First District Judge Ross Pittman, who presided over the trial, indicated they could not do so.

    What? Why?
    I would think that was a given!!!

    • JonsJava@lemmy.worldM
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      5 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@lemmy.world
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        5 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.

            • Ejh3k@lemmy.world
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              5 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.