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Facebook Accused of Letting Users Threaten Florida Ex-Lawyer

By Laurence Viele Davidson

Oct. 1 (Bloomberg) -- Facebook Inc., the world’s most popular social-networking Web site, was accused in a lawsuit of letting site users post violent threats against a lawyer who was later disbarred.

Plaintiff Jack Thompson said the postings started after the CBS news show “60 Minutes” aired its interview with him in 2006 as a crusader against video game violence, according to the complaint he filed Sept. 29 in federal court in Miami. The games influence players to steal cars and shoot people, he says. Thompson sued some of the game makers before the Florida Supreme Court disbarred him as an attorney in 2008, according to court records.

Facebook users started an “I Hate Jack Thompson” group, according to the lawsuit. The complaint cites a posting that said “Jack Thompson should be smacked across the face with an Atari 2600.” Thompson included images of the Facebook postings in the lawsuit.

Thompson claims intentional and negligent infliction of emotional distress and failure to supervise the site, and seeks at least $120 million in damages.

Thompson said there was no response to his faxed requests to Facebook Chief Executive Officer Mark Zuckerberg in August and September to remove the postings. He noted in his complaint that a poll asking if President Barack Obama should be assassinated was removed from Facebook as soon as the company found out about it. The company said it’s investigating that matter with the U.S. Secret Service.

‘Without Merit’

“The suit is without merit and we will fight it vigorously,” Facebook said in an e-mailed statement. “Additionally, it is our practice to remove content that threatens an individual when it is brought to our attention.”

Facebook, which has about 300 million users, is based in Palo Alto, California.

The U.S. Communications Decency Act provides immunity to companies such as Facebook for what another party might post, said Parry Aftab, an attorney and executive director of Wired Safety, a charity designed to protect individuals who might be stalked or harassed on the Internet.

“I think there is no liability because of what somebody does on their Web site,” Aftab said in a phone interview.

Thompson said he believes the federal immunity provision doesn’t apply in his situation because he told the company about the threatening posts.

“It’s negligence,” Thompson said in a phone interview. “They were put on notice and they did nothing.”

He said his disbarment is irrelevant to this case.

“If I were Charles Manson, that wouldn’t warrant the postings” remaining on Facebook, he said.

The case is Thompson v. Facebook, U.S. District Court, Southern District of Florida (Miami).

To contact the reporter on this story: Laurence Viele Davidson in Atlanta at lviele@bloomberg.net.

Last Updated: October 1, 2009 00:44 EDT

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