Illinois Supreme Court Agrees Calling Someone a ‘Sandusky’ Is Defamatory

The Illinois Supreme Court affirmed both the trial court and appellate court that a post stating a candidate “is a Sandusky waiting to be exposed” is defamatory per se because it asserts a fact, not opinion.

The case involves a trial court’s order requiring Comcast Cable Communication, LLC to provide the name of a subscriber who posted using the name “Fuboy” on a message board maintained by the Freeport (IL) Journal Standard. The post was made about a county board candidate.

Fuboy contended that the post was not libel per se because it is not a crime to have the last name of Sandusky. The Supreme Court disagreed, finding that the meaning must be determined in the context of national events and circumstances.

“In short, at the time of Fuboy’s comment, numerous men were testifying to the abuse they allegedly suffered at the hands of Sandusky when they were young boys. The general public was mindful of the fact Sandusky was accused of sexually abusing young boys. Stating that Hadley was ‘an Sandusky’ while the scandal dominated the national news, coupled with the reference to Empire Elementary School, conveyed the idea that Hadley was a pedophile or had engaged in sexual acts with children and, thus, had committed criminal conduct,” the Supreme Court wrote.

The court said the post was not susceptible to an innocent construction. “We conclude that a defamatory construction is far more reasonable than an innocent one. An innocent construction of Fuboy’s comment would be strained and unreasonable.”

For the appellate court decision, see our earlier post.

Hadley v. Subscriber Doe, Ill. Sup. No. 2015 IL 118000, filed June 18, 2015.