<p>While I’m a lawyer, I’m not admitted to practice in North Carolina, and these are areas in which state law generally governs. Moreover, this is not an area in which I practice. Off the top of my head–and not legal advice anyone should rely on–my “gut feeling” is that Ms. Owen may have a FAR better case than any of these young men. </p>
<p>If she’s telling the truth, she’s not responsible for the fact that her “thesis” went viral. Two websites published something she wrote which they knew she wrote without getting her permission. I doubt they had the right to do this and I think they know it, which is why they took down the names and blurred the faces at her request. </p>
<p>In at least some states, if I write a letter to someone, the physical letter is the property of the recipient, but the words are still my property. If I don’t want the letter published, it can’t be published and if it is, I am entitled to damages. Some of you may remember the JD Salinger/Joyce Maynard case. Ms. Maynard had an affair with Salinger, who sent her 10 letters. Many years later, she or someone she gave them to tried to publish them. Sallinger went ballistic and sued. Court held: she owned the letters, but the words were still his. Publication barred. If this is extended to emails, Ms. Owen still owned the words and photos of her thesis and the websites which publish it would be liable to her. </p>
<p>PURE SPECULATION on my part, what if some of this “nice young men” --GAG–the ones who got “good” scores forwarded on the email? Since they were posted on a frat listserve at Duke, is it possible that’s what happened? Oh, they may not have wanted mommy and daddy and, in at least one case, supposedly fiancee’s parents, to read it, but they were kind of proud of “COULD NOT WALK” and forwarded it to their frat buddies. Again, I don’t know this–it’s a random guess. But if so, then they obviously have no claim against Owen and arguably, they at least share in the civil liability to the other subjects for publishing it. </p>
<p>So, should some of the “poor young men” --jonri jokes back laughter–who got “poor” ratings try to sue her, I suspect that her lawyers would conduct discovery to try to trace the path of the email and would bring in all those who forwarded it in as additional parties to the action who would share in any liability for the damages caused by the publication. That would certainly include whoever put it on the frat listserves. The lawyers would probably bring in deadspin and jezebel as well. Those websites should, IMO, be held responsible for at least some share of the damages these young men allegedly incurred. </p>
<p>And, if anyone has a case for invasion of privacy, again, I think it’s probable Ms. Owen does. I realize I am a prude and not “a reasonable man.” But if anyone’s expectation of privacy was violated, it was Ms. Owen’s. Frankly, I don’t think either party to a drunken hook up has an expectation of privacy–and I’d bet a fair amount at least one of the guys blabbed about his encounter with Ms. Owen and would thus be held to have “unclean hands” which prevent him from suing her for what she said. But, if any of us wrote something like this to a friend, would we expect the friend to pass it on without our permission? Would we expect two for profit websites to publish it without our permission?</p>
<p>And, in the real world, whose future job prospects have been damaged more–Ms. Owen’s or those of the 13 young men ? Lets be honest…hers.</p>
<p>I would be mortified if she were my D. My heart goes out to her parents.</p>