Nearly everyone on Facebook has been tagged with an embarrasing photo, but most people don’t sue the person who tagged them.
Minneapolis resident Eric Olson did. And the person he sued was his uncle, Randall LaBrie.
After LaBrie posted childhood photos of Olson in front of a Christmas tree and added snarky comments, Olson got angry and sued his uncle for harassment, according to Newser.com.
Sadly for Olson, he not only lost the case but his appeal to a higher court was also denied.
The state Court of Appeals decreed that “comments that are mean and disrespectful, coupled with innocuous family photos, do not affect a person’s safety, security, or privacy…” and therefore do not count as harassment, according to the Above The Law blog.
The appeals court rejected Olson’s claims of harrassment saying that “Comments that are mean and disrespectful, coupled with innocuous family photos, do not affect a person’s safety, security, or privacy — and certainly not substantially so” and therefore did not fit the legal definition of the term.
Although the appeals court dismissed Olson’s case, Technology And Marketing Law Blog writer Eric Goldman gave him credit for hubris for attempting to argue that the trial court erred in not crediting the testimony of his mother, who testified that Labrie’s conduct was offensive.
Added Goldman: “The only thing that would have kicked this opinion up a notch would have been a cite to awkwardfamilyphotos.com.