Parents Not Responsible For Kids' Nasty Facebook Posts
from the computers-are-not-dangerous-weapons dept
A reasonable reader, given the overall context of the posts, simply would not believe that the Plaintiff contracted AIDS by having sex with a horse or a baboon or that she contracted AIDS from a male prostitute who also gave her crabs and syphilis, or that having contracted sexually transmitted diseases in such manner she morphed into the devil.Indeed.
Perhaps more importantly, the judge totally dismissed the idea that the parents were somehow responsible for the kids' postings since it would require parents giving kids a "dangerous instrument" to make them negligent. The judge noted that it is ridiculous to conclude that a computer is a "dangerous instrument," and thus there is no parent liability here:
To declare a computer a dangerous instrument in the hands of teenagers in an age of ubiquitous computer ownership would create an exception that would engulf the rule against parental liability.The judge notes that this case may involve "cyberbullying," but thankfully New York has no anti-cyberbullying laws, so being a jerk online may still be childish, but is hardly actionable legally speaking.