Attorney Todd J. Hollis has refiled a lawsuit against DontDateHimGirl.com and its creator, Tasha C. Joseph, in Miami federal court, alleging defamation and seeking over $75,000 in damages. This follows an earlier lawsuit filed in Pennsylvania that was dismissed due to a jurisdictional question.
Allegations and Legal Action
Todd J. Hollis, a 38-year-old criminal attorney with 12 years of experience, contends that two Pittsburgh-area women and other anonymous users posted defamatory statements about him on DontDateHimGirl.com. These postings, according to Hollis, claim he is unfaithful and has sexually transmitted diseases. Hollis's suit alleges that Tasha C. Joseph, also known as Tasha Cunningham, conspired with these users to defame him and other men identified on the site.
Hollis initially filed a lawsuit in Allegheny County, Pennsylvania, in June 2006, naming Tasha C. Joseph of Miami as the creator of the site. The Pennsylvania court dismissed this case in April, citing a lack of jurisdiction over the Florida-based website operator. Subsequently, Hollis refiled the case in Miami federal court, alleging defamation, intentional infliction of emotional distress, and false light invasion of privacy.
Hollis stated to the Pittsburgh Post-Gazette that he reluctantly sued again in Miami because Ms. Cunningham refused to remove what he described as numerous lies published about him on the website. He expressed that he never wanted to file a lawsuit and primarily sought to clear his name.
The Website and Its Defense
DontDateHimGirl.com, launched two years prior to the initial lawsuit, bills itself as a "cost-effective weapon in the war on cheating men." The site allows anonymous users to post information and photos of men, often accusing them of infidelity and bad behavior. Tasha C. Joseph, 33, a former columnist for the Miami Herald, created the site. She stated that any man can post a rebuttal on the site.
Lida Rodriguez-Taseff, an attorney representing Joseph, likened the site to a "proverbial coffee shop where people go and chitchat," arguing that a coffee shop owner would not be held liable for defamatory statements made by patrons. Joseph, now known as Tasha Cunningham, stated in a written statement to the Post-Gazette that DontDateHimGirl.com's mission is "to empower women with the information and connections that help them make better life decisions." She also asserted that the site is "fully protected [from defamation lawsuits] by the Communication Decency Act" and that any legal challenges would be "dealt with strongly, swiftly and in a manner which will seek to end this type of erroneous, wasteful litigation."
The Electronic Frontier Foundation (EFF) has supported DontDateHimGirl.com, urging a Pennsylvania court to dismiss the defamation claims. The EFF argued that federal law, specifically Section 230 of the Communications Decency Act, shields the website from liability for content posted by others. Section 230 protects hosts of interactive computer services from liability to encourage free discourse and robust debate. The EFF, along with the Center for Democracy and Technology and the American Civil Liberties Union (ACLU) of Pennsylvania, filed an amicus brief supporting this position. While the Pennsylvania court dismissed the case on jurisdictional grounds, it did not reach the Section 230 issue.
Arguments and Implications
Hollis's suit contends that Joseph "conspired with disingenuous people whose only agenda is to attack the character of those individuals who have been identified on the site." He also stated that the site lacks safeguards to ensure the truthfulness of posted items. The legal proceedings highlight a tension between the free flow of information online and individual rights concerning defamation.
The refiled lawsuit in Miami federal court will likely revisit the arguments surrounding Section 230 of the Communications Decency Act, which has been a cornerstone in protecting website operators from liability for user-generated content. The outcome of this case could further clarify the responsibilities of online platforms that host anonymous user content, particularly in the context of dating and personal relationships.
Key Facts
- Attorney Todd J. Hollis sued DontDateHimGirl.com and its creator, Tasha C. Joseph (also known as Tasha Cunningham).
- Hollis alleges defamatory statements were posted about him on the site, claiming he is unfaithful and has sexually transmitted diseases.
- The initial lawsuit in Pennsylvania was dismissed due to a lack of jurisdiction over the Florida-based website operator.
- Hollis refiled the lawsuit in Miami federal court, seeking more than $75,000 in damages.
- DontDateHimGirl.com's mission is "to empower women with the information and connections that help them make better life decisions."
- The Electronic Frontier Foundation (EFF) and other organizations argue that Section 230 of the Communications Decency Act shields the website from liability for user-generated content.
