Finkel v. Facebook [1]

Teenager Denise Finkel sued four of her former high school classmates, their parents, and Facebook after the students created a private Facebook group called "90 Cents Short of a Dollar," which allegedly contained false and defamatory statements about her. 

The complaint alleges that statements appearing on the private Facebook group asserted or implied that she "was a woman of dubious morals, dubious sexual character, having engaged in bestiality, an 'IV drug user' as well as having contracted the H.I.V. virus and AIDS." Cmplt. ¶ 23 [2].  The postings are attached as an exhibit to the complaint.

The complaint alleges that Facebook should be held liable for publishing the defamatory matter, explaining that it "should have known that such statements were false and/or have taken steps to verify the genuineness" of the statements. Id. ¶ 28 [2].  

The complaint also alleges that the students' parents are liable for negligently failing to supervise their children.

Update:

9/15/09 - Court granted [3] Facebook's motion to dismiss, finding that Facebook is immune from liability under Section 230 of the CDA [4].  Court rejects plaintiff's argument that Facebook's Terms of Use which grant it an "ownership interest" in the allegedy defamatory content makes Section 230 inapplicable.

 7/22/10 - After removal to state court, state judge dismissed [5] the remaining claims, writing that, "Taken together, the statements can only be read as puerile attempts by adolescents to outdo each other" (slip op [5]. at 7).