'Into the Bowels of Hell' Examining Online Defamation Law Through the Twitter Account of James Woods

Southern Law Journal Volume XXIX (2)- Fall 2019

28 Pages Posted: 17 Apr 2020 Last revised: 29 May 2020

See all articles by Jessica Magaldi

Jessica Magaldi

Pace University

Wade Davis

Minnesota State University Mankato

Date Written: February 25, 2020

Abstract

Film actor James Woods is a conservative Twitter personality who uses the platform to provoke and attack celebrities, politicians, commentators, and news media that express liberal and progressive viewpoints – behavior commonly known on the internet as “trolling.” He also has his own trolls. Two lawsuits that stem from incidents on Twitter involving Woods offer an opportunity to explore the ways in which the medium and the law of defamation affect and are affected by one another. This Article analyzes these two lawsuits in an effort to explore the legal nuances and practical realities of asserting a defamation claim arising in a social media context. Section II discusses the factual bases of the lawsuits, their procedural histories, and their resolutions. Section III explores the merits of the defamation claims in both lawsuits by analyzing the elements of a defamation claim as they apply to the facts of each case. Section IV addresses the unique problems that social media defamation litigants face with respect to anonymity, the public figure doctrine, and the actual malice standard. Section V concludes by offering recommendations relating to the law and litigation process, and remedies for social media defamation claims.

Suggested Citation

Magaldi, Jessica A. and Davis, Wade, 'Into the Bowels of Hell' Examining Online Defamation Law Through the Twitter Account of James Woods (February 25, 2020). Southern Law Journal Volume XXIX (2)- Fall 2019, Available at SSRN: https://ssrn.com/abstract=3544314

Jessica A. Magaldi (Contact Author)

Pace University ( email )

One Pace Plaza
New York, NY New York 10038
United States

Wade Davis

Minnesota State University Mankato ( email )

253 Morris Hall
Minnesota State University Mankato
Mankato, MN 56001
United States

HOME PAGE: http://https://cob.mnsu.edu/about/faculty-and-staff/accounting-staff/wade-davis/

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