Legal Question in Technology Law in North Dakota

Advice for Facebook

Someone left me a horrible message on facebook saying they wish I was dead. Do I have any legal rights to take this matter to court?


Asked on 2/21/08, 9:25 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Advice for Facebook

Probably not. People are allowed to wish that other people were dead, and even to tell them so. Ordinarily such a message is not a threat, since merely wishing for the death of another is a far cry from declaring an intent to cause it.

I might see things differently if I had more facts about the context. It's possible that this message actually was a threat and that seeing it in context would make that clear. It might also have been part of a campaign of harassment. In either scenario you might have legal remedies.

Even if you do have remedies, they will be against the person who posted the message and not against Facebook.

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Answered on 2/22/08, 3:17 pm
Ross Brandborg Brudvik Law Office

Re: Advice for Facebook

I suppose you could sue them for some tort like emotional distress? But no lawyer would take the case.

It may qualify has a crime under a criminal statute such as harassment. But then you are going to have to disclose your entire facebook contents to the police and possible the general public.

I doubt a prosecutor would charge this as a crime because the message simply states the writers wishes, and is not written as a threat.

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Answered on 2/21/08, 11:02 pm


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