Opinion from Massachusetts Superior Courtroom Choose John Pappas lucy v kinnondetermined final month, however simply posted on Westlaw; appears appropriate to me:
Mr. Kinnon’s allegedly defamatory remarks have been directed at…Mr. Lucey…in response to feedback made by Mr. Lucey in Mr. Kinnon’s submit on the Fb group “Malden (Mass.) Politics.” The group has greater than 2,000 members and “serves as a discussion board for dialogue of native occasions and political points related to Maldon and the encircling space”. Mr Lucey claimed that he and Mr Kinnon had a historical past of on-line communications relationship again “a few years in the past” and that Mr Kinnon made “obnoxious” insults to him, together with attacking his abilities and intelligence as a lawyer. this [allegedly defamatory] The total textual content of the remark is as follows:
I am beginning to marvel for those who can learn. Would possibly need to learn this once more, anybody who would rent you as a lawyer God bless them as a result of somebody will need to have taken the bar examination for you. Please learn my reply to Mr. Bernstein once more, it could be useful to you.
Studying the whole article, it’s clear that Mr. Kinnon’s feedback weren’t making any factual assertions however have been utilizing exaggerated language to insult Mr. Lucy. For instance, though Mr. Kinnon was effectively conscious that Mr. Lucey was not illiterate, given his historical past of written communications with Mr. Lucey, Mr. Kinnon mockingly stated, “I am beginning to marvel when you’ve got the power to learn.” Kinnon The gentleman then wrote, “Somebody Should have Took the bar examination for you.
Notably, Mr. Kinnon didn’t assert that anybody took the bar examination for Mr. Lucy. As an alternative, he speculates that somebody “should” have taken the bar examination for Mr. Lucy, simply as he sarcastically speculates on whether or not Mr. Lucy can learn.
Moreover, anybody who has used Fb is aware of that it’s a platform that breeds spite and teenage communication. Due to this fact, the courtroom can not conclude that objectively affordable Fb customers, notably those that frequent pages about native politics, would query Mr. Lucey’s ethics or {qualifications} as an lawyer just by studying Mr. Kinnon’s assertion… ….
Earlier than you employ this as an excuse to inform me “somebody will need to have taken the bar examination for you,” please do not forget that I now have judicial precedent for this proposition:Warlock is right”.
