Is this an example of Defamation?—not protected by the 1st Amendment to the U.S. Constitution

An anonymous Blogger going by the name The Smutty Lover wrote on Book Lovers Inc.com that  “the first meltdown was with author, Lloyd Lofthouse who tracked down a reviewer who gave him a negative review. He was so incensed by this he then tracked down the reviewer’s workplace in order for her to get fired.”


Libel (defamation) is the number one reason journalists get sued, and the average verdict is $2.4 million.

My reply to this misleading and defamatory statement follows the update:

[UPDATE: I left a second comment and last night, 3-18, my two comments telling my side of this issue have not been posted at Book Lovers Inc.com. Then, this morning, 3-19, I checked again and they are still not there. How does anyone get a fair hearing on an issue if a site that may have libeled and defamed him censors his comments that tell his side of the issue? And now others are repeating this allegedly defamatory libel on other sites.].

What I said, “Actually, this is wrong and very misleading—a perfect example of how a rumor spins out of control and distorts the facts.”

Let me make this perfectly clear, I have never tracked down a reviewer of my books who gave me a negative review—not once!

I have also never tracked down anyone that left a comment for a review I wrote of another author’s book. In this issue, I never read the book and I never wrote a review of that book. What I did was post a “comment” for a review of another book because that review was allegedly misleading, snarky and poorly written and the evidence suggests that what I wrote in my comment/opinion was correct.

In addition, you may click on this link to a post on my Website/Blog and read all about this particular issue in detail (I copied and pasted that Amazon thread where this took place into that post).

In this incident, I tracked down the possible location of one anonymous speaker using the name of Anna Karenina—in addition to three other speakers—who left a string of insulting comments about a comment I wrote about a review written for another author’s book on Amazon.

That review was not about any of my books.

When I moved the conversation to my blog and wrote about these alleged bullies that came out of nowhere about a month after my comment had been posted on an Amazon page of that other author’s book, one of four anonymous speakers—Anna Karenina—followed me to my Blog and left several comments and in the process left evidence that revealed his/her IP address.

Out of curiosity, I did an IP location search and found that he/she may have lived not far from where I live. Then Anna Karenina left another comment with a second IP address, and I discovered that this time the comment originated from the San Mateo County Office of Education.

And yes, concerned, I called because I wanted to know if students had access to that wireless system and I was told “no” and that there was “no” way they could discover who sent that comment to my Blog. It ended there. I did not try to get anyone fired. I never even suggested it. Even if I had, it may have been impossible because “Anna Karenina” was an anonymous name.

During the conversation with those alleged bullies on that Amazon thread, I was told that I should consider therapy; I was told that I cannot debate on a rational topic; my comments were labeled “ludicrous nonsense”; some of what I wrote was called “nincompoopery”; I was accused of being a somewhat privileged white male; it was inferred that I was an “egotistical narcissist”; was described as the “bloviating Lofthouse”, and I was called an “egotistical snob”.

In fact, Anna O’Karenina made it clear that she/he (I still have no idea if AK is a she or a he) is so much more famous that I could ever dream of being and that I will never be as smart as him/her.

I was also told that my ”reading skills were so poor that I could not get into first grade.”

Did I say some things that I regret. Yes, but I challenge anyone to find where I called any of these four anonymous speakers an egotistical snob, etc.

Two wrongs do not make a right and the four anonymous speakers were not innocent. And I had every right to know who my accusers were. The 6th Amendment to the US Constitution has a clause that says as much.


How to Prove Libel (defamation) and Slander.

And the US Supreme Court has already ruled that the 1st Amendment offers protection for anonymous speech on the Internet but only if it relates to political speech.

What is considered “commercial” speech does not receive the same protections and is protected only so long as “the communication is neither misleading nor related to unlawful activity. … In addition, fighting words and obscenity are not a protected form of speech.”

False misleading rumors taken out of context in a public forum like Book Lovers Inc.com—that damages a person’s reputation—may be seen as defamation.

Note: Because defamatory and misleading statements of this nature have spread across the Internet, the sale of my work has dropped almost 40%. Oh, and I was not “incensed”.

I was concerned.

To discover more about this issue visit:

Dealing with Internet Bullies

Taking it Global: Online Freedom of Speech versus the 6th Amendment

The Internet is not a Safe Haven for being Anonymous and Behaving Badly

Who’s behaving badly? A culture of arrogance

Ginmar: Alleged Cyber Bully, Troll and Stalker?

Found Guilty because of Reckless and False Speech – based on true events

_______________________

Lloyd Lofthouse, a former U.S. Marine and Vietnam Veteran,
is the award winning author of The Concubine Saga.

His latest novel is Running with the Enemy. Blamed for a crime he did not commit while serving in Vietnam, his country considers him a traitor. Ethan Card is a loyal U.S. Marine desperate to prove his innocence or he will never go home again.

And the woman he loves and wants to save was trained to hate and kill Americans.

To follow this Blog via E-mail see upper left-hand column and click on “FOLLOW!”

One response to “Is this an example of Defamation?—not protected by the 1st Amendment to the U.S. Constitution”

  1. […] 3-15-2013: Is this an example of defamation? — not protected by the 1st Amendment to the U.S. Constitutio… […]

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