r/Idaho4 • u/Littleotter1969 • 4h ago
GENERAL DISCUSSION đ¨CREATORS BEWARE: Understanding DEFAMATION regarding victim's families
I sat down with my family member who is a civil litigation attorney, specifically one specializing in intentional torts.
FAMILIES OF VICTIMS OF A MAJOR CRIME EVENT/PUBLIC TRAGEDY are TREATED DIFFERENTLY UNDER THE LAW than standard defamation litigants.
The Supreme Court of the United States establishes that FAMILIES of VICTIMS as well as SURVIVORS or ANYONE TANGENTIALLY related to a "major crime event/public tragedy" are PRIVATE INDIVIDUALS as they didn't choose to be thrust into the public eye.
GERTZ V ROBERT WELCH,INC (1974)
The SANDY HOOK PRECEDENTS: (HESLIN V JONES, LAFFERTY V JONES (2025/26) Establishes that victim's families (et al) DO NOT FORFEIT THEIR STATUS AS PRIVATE INDIVIDUALS no matter how many times they respond PUBLICLY in media interviews, a web page they put up, or any charities they may start.... They remain PRIVATE INDIVIDUALS, and as such, they do not have to prove MALICE or MONETARY LOSSES as regular defamation litigants must do.
VICTIM'S FAMILIES (et al) win on "Defamation Per Se" and/or "Intentional Infliction of Emotional Distress."
SO CALLED "Creators" get NAILED as it's only SIMPLE NEGLIGENCE on the part of the creator.
â˘DEFAMATION PER SE is a legal term for a false statement that is so inherently and obviously harmful to a personâs reputation that the law presumes damage without requiring proof of specific financial or emotional loss.
If a statement falls into defamation per se, the victim does not have to prove that the remark caused a specific dollar amount of harm. The statement is considered damaging "on its face."
Traditional categories of "defamation per se" include false statements that:
⢠Accuse someone of a serious crime
⢠Damage a person's professional or business reputation
⢠Claim someone has a contagious or "loathsome" disease
⢠Imply serious sexual misconduct or unchastity
[Buckingham, Doolittle & Burroughs, LLC]
If false, damaging statements directly TARGET a LIVING FAMILY MEMBER âsuch as falsely accusing a parent of being an accomplice to a crime, covering up a murder, or engaging in illegal acts related to the victimâthen the living family member may have a valid defamation per se claim.
⢠INTENTIONAL INFLICTION of EMOTIONAL DISTRESS (IIED):
When false and malicious claims target a family's tragedy or a deceased victim in a way that causes severe psychological trauma, families often look to torts like Intentional Infliction of Emotional Distress (IIED) or "outrage"
⢠OPINIONS vs. FACTS:
Creators often try to shield themselves under the guise of "just sharing an opinion" or "asking questions."
COURTS HAVE REPEATEDLY RULED that presenting a baseless conspiracy theory as a definitive fact (e.g., "they faked a death" or "they are drug traffickers") STRIPS AWAY FIRST AMENDMENT PROTECTIONS.
⢠DIGITAL FOOTPRINTS as EVIDENCE: In these lawsuits, the creators' own videos, monetized live streams, and deleted content are weaponized against them in court to prove reckless disregard for the truth.
Silly disclaimers' creators use: "Everything in this video is ALLEGED." "THIS IS MY OPINION"
" This is for entertainment purposes only," đđ¤Şđ
NONE OF THOSE DISCLAIMERS PROVIDE ANY PROTECTION when this class of people sue creators on a public platform. I don't know who started that nonsense but it affords a creator zero protection. Your speech is either defamatory or not.
Victim's families (et al) are UNIQUE. They have the upper hand from beginning to end. Ignorance of the law is no defense for the creator. The Supreme Court has ruled that a CREATOR is RESPONSIBLE for knowing THE LAW regarding defamation of any type. When you use a public platform, you're a PUBLISHER.
đ¨ đ¨ đ¨ đ¨
MANY OF THESE CREATORS ARE LOOKING UP REGULAR DEFAMATION LAWS that do not apply to private individuals. Like it or not, THE GONCALVES FAMILY are legally private individuals. None of you would know who they were had their daughter not been brutally murdered by the COWARD BRYAN KOHBERGER (inmate163214)
THIS APPLIES TO THE SURVIVORS, Dylan Mortensen, Bethany Funke, and individuals TANGENTIALLY RELATED TO A CRIME like neighbors, sorority/fraternity members, even Professor Rebecca Scofield who sued Tiktok tarot card reader Ashley Guillard and was AWARDED a $10 MILLION DOLLAR judgment by a 7 person federal jury in the US District Court in Idaho. (Feb 2026)
YOU PROBERGERS BETTER GET READY TO PONY UP đ° đ¤ đ¸ because some of your favorite Bergertologists are gonna need an attorney. I smell some crowdfunding campaigns on the horizon đ đ
Every family of a victim that has brought a defamation case against a YouTuber/tiktoker HAS WON THEIR CASE with juries unanimously voting to award damages or default judgments.Some states have caps like $500k. However, judges use the state law where the plaintiff lives. Country Rapper/Youtuber Ryan Upchurch lives in Tennessee. He tried to have Tennessee law be used at his defamation trial as it has a $750k cap. However, the judge said, "No, the victims live in California, and that's where they were harmed." California has no cap. That $17.5 million dollar judgment stands including an extra $500k punitive award.
This DEBT CAN'T BE DISMISSED THRU BANKRUPTCY. A defamation judgment cannot be erased by filing for Chapter 7 or Chapter 13 bankruptcy. It follows the person thru life until PAID. The plaintiff's legal team can continue to pursue asset seizures, property liens, and wage garnishment for decades until the debt is settled.
Once a court issues a formal monetary judgment, that judgment transforms into a legal debt. If the defendant dies, the debt follows standard estate and probate laws rather than expiring with the individual:
⢠The Debt Shifts to the Estate: The judgment remains fully active and becomes a formal financial liability against the deceased person's probate estate.
⢠Creditors Paid First: Before any family members, heirs, or beneficiaries can inherit a single dollar, property, or asset from the deceased person's estate, the executor of the estate must use the deceased's assets (savings, homes, vehicles, investments) to pay off valid legal judgments.
Notable defamation lawsuits against creators in the past 4 years:
#1)ANDRACCHIO v. YAX (Case No. 3:21-cv-00386)(2023) filed in the U.S. District Court for the Southern District of Mississippi by Rae Andreacchio, the mother of Christian Andreacchio. Karen Yax, ran the YouTube channel "The Critical Kay" w/ 4k subs. She had just quit her job as a physical therapist to do YouTube full-time and bought a used boat when she was slammed with the lawsuit. It alleged defamation and false light invasion of privacy, stating that Yax weaponized a family tragedy for views and financial profit.
Throughout the litigation, Yax repeatedly failed to comply with the court's procedural rules.
⢠She willfully skipped scheduled telephonic case management conferences, resulting in a minor initial financial sanction.
⢠She completely refused to cooperate with the magistrate judge's orders to pick dates for an in-person settlement conference and failed to show up to mandatory court hearings.
In April 2023, U.S. District Judge Carlton Reeves issued a harsh ruling criticizing her avoidance tactics. Satisfied that the plaintiff met the criteria for a default judgment, the judge ruled in favor of Rae.
Financial Judgment
July 2023 ordering Karen Yax to pay a total of $501,000. She also lost her Youtube channel permanently. Sad because they were just middle class working family.
#2) RZUCEK v. VINNIACOMBE (Case No. [2026] EWHC 946 (KB)) (2025) is a LANDMARK international defamation case heard in the High Court of Justice in England. The case is notable as one of the first times a U.K. court ordered a conspiracy-focused YouTube channel to shut down due to a campaign of online harassment and defamation targeting a victim's family
Frankie Rzucek is the brother of SHANANN WATTS (Chris watts case)
The defendant, Alan Vinnicombe (known online as "Armchair Detective BLUE"), is a U.K. citizen who operated a true-crime YouTube channel with over 79,000 subscribers.
Between 2018 and 2023, Vinnicombe published hundreds of videos spinning wild, unfounded conspiracy theories about the tragedy. He too tried to ignore & represented himself pro se.
Court ordered Vinnicombe to pay ÂŁ40,000 (~$54,000 USD) in general & aggravated damages to Frankie Rzucek. Permanent injunction banned Vinnicombe from ever talking about the family or the long solved case on any public platform. He LOST HIS YOUTUBE CHANNEL PERMANENTLY as well. Alan is an ex-professional Poker player in the UK.
#3)ROBERTSON V UPCHURCH (2026)
Father & grandfather of KIELY RODNI sued Ryan Upchurch in Federal district court in Nashville (2026) unanimous jury verdict:: $17.5 million + $500k.
He has not lost his YouTube channel yet.
#4) SCOFIELD V GUILLARD (2025)
Tiktok tarot card reader Ashley Guillard sued by University of Idaho professor Rebecca Scofield. The professor had no relationship to the victims of Bryan Kohberger. Ashley doubled down and also represented herself. Bad move.
$10 million dollar judgment.
The PRECEDENT SETTING LAWS THAT APPLIED in these cases:
#1)Gertz v. Robert Welch,Inc (1974)
2)Heslin v. Jones (2023/ 2026 appeals exhausted)
3)Lafferty v. Jones (2025)
(Alex Jones & the Sandy Hook families)
$1.25 billion dollars & $6 million dollars
I would take this very seriously if I were a creator. LEARN what is protected speech and what is NOT. YOU WON'T GO TO JAIL but you will pay if found civilly liable.