Trey Burke makes fun of disabled man on IG
- Thread starter BabyPeterzz
- Start date
Michael McCann @McCannSportsLaw
Man with facial deformities files lawsuit against Shaquille O'Neal & Trey Burke for ridiculing his selfie on Twitter:https://www.macombdaily.com/general-news/20140730/warren-man-sues-shaquille-oneal-trey-burke-over-online-mocking
Man with facial deformities files lawsuit against Shaquille O'Neal & Trey Burke for ridiculing his selfie on Twitter:https://www.macombdaily.com/general-news/20140730/warren-man-sues-shaquille-oneal-trey-burke-over-online-mocking
Stifle Tower
Punch Bowl Re-Filler
I'm sure THOUSANDS of people have been slammed for a post on Twitter or Facebook. I fail to see how this even comes CLOSE to meeting the legal definition of defamation. As for invasion of privacy, it was a post on SOCIAL MEDIA. It wasn't like Trey and Shaq took a picture through the man's blinds. Look, the guy IS aesthetically-challenged. It was a cruel comment but for defamation to occur there has to be "intentional false communication." Under this idiot's interpretation, we could have 100 lawsuits based off of posts from this board. Oh no, maybe he'll sue ME...I just called him an idiot.
I always try to make empathy in this kind of cases. In this case, it's kinda easier for me as I have a nephew who had a burning accident when she was a child. I have witnessed only a fraction of her difficulties in her life because of the burn scars on her face and shoulders. But I'm hundred percent sure that I would do everything I'm capable of legally, if some stupid rich douche bags had mocked her in the social media in the same way these idiots have done.
It's definitely not the same people calling each other names on message boards in anonymity. Not even close. Like I said before, I don't claim that this Binion guy had really a psychological trauma over the incident but, "you don't necessarily have to get physically assaulted to have a case against the bullies. There are many non-physically-violent behaviors that may harm a person and even cause many kinds of psychological trauma. And public mockery could very well be one of them, especially in a case that the victim has already a very hard life conditions and is much more vulnerable against such offense than usual."
It's definitely not the same people calling each other names on message boards in anonymity. Not even close. Like I said before, I don't claim that this Binion guy had really a psychological trauma over the incident but, "you don't necessarily have to get physically assaulted to have a case against the bullies. There are many non-physically-violent behaviors that may harm a person and even cause many kinds of psychological trauma. And public mockery could very well be one of them, especially in a case that the victim has already a very hard life conditions and is much more vulnerable against such offense than usual."
Stifle Tower
Punch Bowl Re-Filler
I understand what you are saying ECTYA. It was insensitive and probably something NONE of us would have done. That said, it's cases like these that clog the legal system.
"In the lawsuit, Binion’s attorney, John Henke III, says the mocking photos “constituted a public disclosure of embarrassing private facts about the plaintiff”"
Seriously? I think Binion posting his picture was the event that disclosed his "embarrassing private facts." Now, I'm no Quasimodo, but I have NEVER been mocked on a social media site? You know why? I don't post my picture. Again, there was no INTENTIONAL flase communication. Shaq and Trey thought the picture was a joke. Once they learned the dude suffered from a medical condition, they offered their apologies.
Remember this pic? Mocked WAY more than Mr. Binion. Defamation?
Or how about this pic? Should someone be sued?
"In the lawsuit, Binion’s attorney, John Henke III, says the mocking photos “constituted a public disclosure of embarrassing private facts about the plaintiff”"
Seriously? I think Binion posting his picture was the event that disclosed his "embarrassing private facts." Now, I'm no Quasimodo, but I have NEVER been mocked on a social media site? You know why? I don't post my picture. Again, there was no INTENTIONAL flase communication. Shaq and Trey thought the picture was a joke. Once they learned the dude suffered from a medical condition, they offered their apologies.
Remember this pic? Mocked WAY more than Mr. Binion. Defamation?
Or how about this pic? Should someone be sued?
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You could be right about Binion, I'm not defending him personally. To be honest, I don't understand anything from the discussion of the legal aspects of the issue on this or the other thread. Too many legal terms and scary words for me. And I have no idea what the plea of Binon's side is. But in my opinion, there surely should be rights and warranties for the non-physically assaulted people in every legal system.
Again, I'm just against the notion and the posts that underestimating the case and such immoral acts. Maybe Binion is not an honest man and he is after some easy profit but I believe that the acts like these guys did that can potentially hurt people in many ways should have repercussions and even sanctions if the said potential harm is indeed occurred, in every legal system. Because, there are many cases, that none-physical assault is not different than physical assault or even more harmful.