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Additionally, he tried to blame Rajala for a woman’s response to the thread, which linked to a mug shot of a rape victim. Although the mugshot link shows the name and photo of another person, D’Ambrosio said he was insulted and “suffered emotional distress, frustration, loss of employment opportunities, and damage to his reputation and relationships.”
The goal, Hamilton’s proposal said, was to sue “everyone who interacted with the posts on all possible grounds, including the woman he had an affair with and his parents, the women who responded to the posts, the users of the Facebook community, and Facebook itself.”
In his blog, Trent acknowledged that these Facebook groups “are ostensibly designed to help women be successful in dating,” but said that some women abuse the groups to instead launch a campaign of harassment by accusing innocent men of spreading sexually transmitted diseases or forcing women to have abortions.
“They’re helping people get in touch with their employers, their employers, to improve the situation,” Trent said.
Importantly, D’Ambrosio failed to allege any harm caused by the post, and there is no evidence that the post caused any inappropriate communication in the real world.
He did not deny that everything the women said about him was false. Towards the end of the game, his lawyers tried to save his case by arguing that it was possible that the photo shared by Rajala was fabricated. But the panel rejected the argument as D’Ambrosio had had ample opportunity to challenge the validity of the text earlier in the proceedings, and had never done so before making oral arguments on appeal.
The internet legal expert who is leading the case, Eric Goldman, he explained that D’Ambrosio’s case is similar to other cases where men have tried and failed to have controversial posts removed from Facebook groups called “Spill the Tea” such as the Chicago group “Are we dating the same guy”. Again and again, these men fail, mostly because articles like Rajala’s are considered opinion protected by the First Amendment and defamation law in states like Illinois.
