According to loudwire.com a judge ruled that the social media platform Twitter must identify the anonymous blogger who used the social media site to accuse the pop-punk band All Time Low of alleged sexual abuse last year.
All Time Low responded to the allegations with a libel lawsuit against the accuser and at least two others on social media who allegedly claimed in the online posts that members of the band allegedly had inappropriate behavior with underage fans. Since the accusers were anonymous, All Time Low’s lawsuit mentioned they would “utilize discovery including subpoenas to uncover the identities of those that defamed them.”
The right to publish anonymously is protected by the First Amendment, the Rolling Stone pointed out, freedom of speech doesn’t extend to defamation Judge Murphy said. Plaintiffs with “legally sufficient” lawsuits have a right to “discover” the identities of their alleged defamers, the judge explained.
“Here, the complaint states a valid claim because it sets forth the exact statements alleged to be defamatory, alleges that they are false, and alleges that defendants made the statements with actual malice. Plaintiffs deny under oath the accusations made in Doe 2’s Twitter post. Damage is presumed without the need for proof in libel per se cases where a statement is defamatory on its face, such as accusations of sexual assault. Nonetheless, plaintiffs allege that they have lost reputation, goodwill, and lost revenue. Therefore, the complaint states a valid claim for libel per se.” said Judge Murphy
On a Twitter thread from October 2021, @ATLstatement claimed to be a woman who was allegedly abused sexually by All Time Low guitarist Jack Barakat in 2011, when she was 15 and he was 22.
the images from 1/3 pic.twitter.com/8fEgID3SPY
— mr. bane (@denimchicky) October 25, 2021
The accusations surfaced after a TikTok user mentioned that the famous pop-punk band allegedly invited her onto a tour bus when she was 13 years old, offering her beer and requesting her bra. That woman didn’t name the group but her hints led many to believe it was All Time Low.
Twitter said it would only identify Doe 2 if served with a court order. The social media company had previously notified Doe 2 of the suit, but Doe 2 failed to reply by a court deadline. Now, All Time Low’s lawyers have demanded Twitter identify the user.
All Time Low have maintained their innocence by releasing the following statement.
“Not only have the reputations of the band and its members been unfairly tarnished,” they say in their suit, “but the band has also lost business opportunities and suffered cancellation of scheduled events. All Time Low has worked hard for two decades to earn its large fan base and would prefer to continue to focus on its music rather than litigate. However, these false and salacious accusations have harmed the band, its members and their families.”
Photo Credit: Mehreen Rizvi