Digital Media Law Project
Published on Digital Media Law Project (https://www.dmlp.org)

Home > Trosch v. Layshock

Trosch v. Layshock [1]

Submitted by DMLP Staff on Fri, 10/12/2007 - 19:44

Summary

Threat Type: 

Lawsuit

Date: 

04/01/2007

Status: 

Pending

Location: 

Pennsylvania

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
In December 2005, Justin Layshock and three other high school students created fake MySpace profiles for their principal, Eric Trosch. The profiles included an official school portrait of Trosch and answers to the website's template questions for creating a profile. Many of... read full description
Parties

Party Receiving Legal Threat: 

Justin Layshock; Thomas Cooper; Brendan Gebhart; Christopher Gebhart

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • Pennsylvania

Location of Party: 

  • Pennsylvania

Legal Counsel: 

John E. Quinn

Legal Counsel: 

Michael L. Magulick (Cooper); Gina M. Zumpella (Gebharts)
Description

In December 2005, Justin Layshock and three other high school students created fake MySpace profiles for their principal, Eric Trosch. The profiles included an official school portrait of Trosch and answers to the website's template questions for creating a profile. Many of the answers were derogatory and sexually explicit. One profile indicated that Trosch's favorite movie was a pornographic film. Another indicated that Trosch "liked to have sex with students and brutalize women." A third said that he "kept a keg of beer at his desk at school, was on steroids, and smoked marijuana."

After the school district disciplined Layshock, he brought a federal lawsuit claiming that the school's punishment violated his First Amendment rights. (Please see the CMLP database entry [2] on the school's disciplinary action for more information).

At some point, the identies of the other three students came to light, and Trosch filed a defamation suit in Pennsylvania state court in April 2007.

Update:

12/01/2007 - Judge Christopher J. St. John denied the defendants’ motion to dismiss the state case, but held that the statements were not made with actual malice and that the principal could not recover punitive damages.

11/2008 - Trosch dropped his claims against three of the defendants, leaving only Layshock in the case.

Related Links: 

  • The Sharon Herald: Principal Sues 4 Ex-Students Over Profiles on MySpace [3]
  • CNet: Principal Sues Ex-Students Over MySpace Profiles [4]
  • The Sharon Herald: ACLU: Trosch Civil Suit Should Be Counterclaim [5]
  • MLRC's Legal Actions and Developments Involving Blogs [6]
  • CMLP's Database Entry on the Related Hermitage School District v. Layshock Disciplinary Action [2]
  • The Sharon Herald:Principal Trosch’s suits against students may proceed [7]
  • The Sharon Herald: Another ex-student denies creating fake Trosch profile [8]

 

Details

Web Site(s) Involved: 

MySpace [9] (homepage)

MySpace [10] (pdf of Layshock's original posting)

Content Type: 

  • Photo
  • Text

Publication Medium: 

Social Network

Subject Area: 

  • Defamation
  • Student Speech
Court Information & Documents

Jurisdiction: 

  • Pennsylvania

Source of Law: 

  • Pennsylvania

Court Name: 

Court of Common Pleas, Mercer County, Pennsylvania

Court Type: 

State
CMLP Information (Private)

CMLP Notes: 

Updated 6/09/2008 (JMC) - Court records don't seem to available on-line. Sharon Herald reporter Joe Pinchot would likely know the status of this case.

DMLP Logo


Source URL (modified on 08/20/2014 - 11:04pm): https://www.dmlp.org/threats/trosch-v-layshock

Links
[1] https://www.dmlp.org/threats/trosch-v-layshock
[2] https://www.dmlp.org/hermitage-school-district-v-layshock
[3] http://www.sharon-herald.com/local/local_story_094195802.html
[4] http://www.news.com/2100-1030_3-6174506.html
[5] http://www.sharonherald.com/local/local_story_109175747.html
[6] http://www.medialaw.org/bloggerlawsuits
[7] http://www.sharonherald.com/local/local_story_233194959.html?start:int=0
[8] http://www.sharonherald.com/archivesearch/local_story_038210621.html
[9] http://www.myspace.com/
[10] http://www.aclupa.org/downloads/Justinswebsite.pdf