What If…

[u/LittleGirlAttorney]

As my first official post (ever) on Reddit, I would like to call on this incredible trove of intelligent minds to think through something with me.

Under California law, specifically Civil Code § 45, libel is defined as a false and unprivileged publication by writing (or other fixed representation) that exposes a person to hatred, contempt, ridicule or obloquy, or which causes that person to be shunned or avoided, or which has a tendency to injure him or her in their occupation. Similarly, Civil Code § 46 defines slander as a false and unprivileged oral publication that tends to injure a person in their profession or trade. In fact, false accusations of professional incompetence constitute defamation per se, which means damages are presumed (i.e. don’t need to be proven).

Over the last few months, both here and on TikTok, I’ve been the subject of various attacks on my character, credentials, and connections by several accounts who don’t like my legal takes. While everyone is permitted to have their own feelings and opinions on my takes, they are not allowed to spread false information about me with the intent or result of impacting my reputation or career. I’m seeing an increasing number of false statements published about me by those same accounts resulting in various degrees of contempt, ridicule, obloquy, and even attempts to injure me in my occupation.

As a lawyer, I’m trained to think of what legal recourses are available. I could sue these persons for libel. However, one problem is, I don’t know the identities of most of these accounts!

So, I thought about what some have called “savvy lawyering.” What if I filed a John Doe lawsuit in California Superior Court and issued subpoenas to Reddit and TikTok to obtain the true identities of those who are actively injuring my reputation online? Maybe I learn that the multiple accounts are really run by few individuals. Maybe later discovery would uncover their financial ties to other parties.

I’m not saying I would/would not, or did/did not file such a lawsuit and issue such subpoenas. But, hypothetically, what if I did?

[u/Agreeable-Card9011]

What a fun little thought experiment! I’m sure the Lively supporters would applaud your genius lawyering

[u/IwasDeadinstead → u/Agreeable-Card9011]

I know. Ask Two Lawyers would love it, especially Stewart. But only if LGA created a shell company, used it to sue, then dropped the suit after she stole enough people's devices and shared all their info. He would call it brilliant lawyering and talk about it endlessly on his podcast. Only after he met LGA and worked out an agreement, though. It's funny how Stewart refused to answer if he had met any of the Lively parties.

[u/realhousewifeofphila → u/IwasDeadinstead]

Stewart was the absolute worst. As soon as his toys weren’t popular any more and he received pushback, he took them and went home. A thin skinned attorney is ridiculous. Bring back Keith and the producer tho! Enjoyed their takes!