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A New Commentary Each Wednesday          May 28, 2014


    Lawsuit Hoax Injury Amplified by Internet

    This story is so offbeat that when it hit their computers, most writers and editors rejected it out of hand. Others checked the facts with the principals involved and decided not to touch the story - for good reason: it wasn't true.

    A few others ran with it. If they haven't been fired, they've probably suffered a severe dressing down from top management of their news outlet, and deservedly so. Hopefully, they've learned a valuable lesson: contact the principals involved before publishing. 

    It could be that some sizable media interests are going to be sued.

    I'm touching upon it because there is a glaring fault associated with filing lawsuits that are hoaxes, needs to be addressed.

    You may have never heard of Samantha Schacher. She is the host of some interview programs on cable news channel HLN. You probably know who "Johnny Football" is: Johnny Manziel, former Texas A&M quarterback, drafted by the Cleveland Browns this year.

    Last week, a pond-full of gullible and perhaps avaricious media fish received a copy of a lawsuit, purportedly filed by Ms Schacher, accusing Mr. Manziel of sexual harassment and asking for $25-million dollars for "emotional distress," and further asks for a restraining order against Manziel. It was a lurid and impressive "legal" document that was submitted for filing in U.S. District Court.

    Someone who scans all such matters, a person employed in the court system, but more likely the perpetrator of the hoax, notified the media of the content and "documented" it with a copy of the court filing.

    One significant problem can be noted: Samantha Schacher didn't file a law suit against Johnny Manziel, or anyone else. They're not even acquainted. Someone was able to file the bogus suit, using Samantha Schacher's name as plaintiff. The filer could just as well have used my name or yours.

    The hoax hit the internet with the velocity of a breaching humpback whale and it was grabbed by some of the gossip sites and sports blogs without vetting the story first with either two principals named in the hoax.

    The hoax suit is not going anywhere of course. It was DOA in Federal District Court. One is apt to say, "no harm, no foul." No so, especially if you are required to pay for legal counsel to clear your name. 

    The worst harm occurs when these spurious allegations migrate to the internet and have a life of their own... in perpetuity. No amount of retractions, corrections and subsequent updates can erase the earlier stories.

    I suggest that persons or entities should be required to prove who they are when they file a lawsuit. To think that I could so easily file a suit and use your name, identifying you as a plaintiff without your knowledge and approval, and subsequently smear your reputation, and the reputation of some innocent public figure, ought not be allowed to happen.

    This also should be a cautionary tale for reporters and bloggers.

    Manziel, and/or Schacher could seek legal action against the person who filed the bogus suit. However, any monies that might be sought from the convicted felon alleged to have filed the suit from prison, fall under the the YCGBOOAT rule: "You can't get blood out of a turnip."

    Not so, if you own a major news outlet, or work for one.

    I suggest that criminal penalties should apply to deter scofflaws bent on ruining others lives.

 -Phil Richardson, Observer and Storyteller.

Phil's current post can be read at:  http://www.imrightagain.com


If you wish to comment, Phil can be reached at:  

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