Thompson v. Facebook [1]

Disbarred Florida attorney [2] and critic of the video game industry [3] Jack Thompson, proceeding pro se, filed a complaint against Facebook, Inc. in the U.S. District Court for the Southern District of Florida on September 29, 2009.  The Complaint [4] asserts three counts against Facebook for Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, and Negligent Supervision based on Facebook's failure to remove certain postings advocating violence against Mr. Thompson.  The lawsuit seeks compensatory damages "in excess of ten million dollars and punitive damages in excess of thirty million dollars" for each count.

The Complaint alleges that on August 26, 2009 Thompson "was made aware of various Facebook 'Groups' operating at the Internet social networking site known as Facebook which were advocating physical harm be visited upon plaintiff."  (Compl. ¶ 5)  The complained-of statements included the following:

• "I will pay $50 to anyone who punches Jack Thompson in the face" (Compl. ¶ 17);
• "Jack Thompson should be removed from the populace" (Compl. ¶ 18);
• "Jack Thompson should be smacked across the face with an Atari 2600" (Compl. ¶ 19);
• "How much would a coat out of Jack Thompson's forskin [sic] go for on eBay?" (Compl. ¶ 19); and
• "screw the Atari 2600 where did i [sic] put my brick..." (Compl. ¶ 20).

The Complaint alleges that Thompson faxed various requests to Facebook's CEO seeking the removal of these posts, but that the postings remain visible as of the time of the lawsuit. (Compl. ¶¶ 6-8)