MAY 22, 2014
“UW-Whitewater professor sues student over postings”
WHITEWATER, Wis. (AP) — A University of Wisconsin-Whitewater professor is suing a former graduate student who posted online comments and videos that the teacher considers defamatory.
Anthony Llewellyn took a class last year from communications professor Sally Vogl-Bauer, but the experience didn’t go well, the Janesville Gazette reported Thursday.
Llewellyn posted comments on professor-rating sites accusing the teacher of criticizing his academic abilities, grading him unfairly and causing him to fail out of school. He said he spoke with her in April about his concerns, two months before he was told he had failed her class.
Vogl-Bauer contends the comments amount to defamation, while Llewellyn says his goal was simply to inform the public about how the professor treated him.
Tim Edwards, the attorney representing Vogl-Bauer, said the comments could be especially damaging to someone in a small professional community. He said he and Vogl-Bauer agree that students should be allowed to express their opinions, “but when you go so far beyond that, into a concerted effort to attack somebody’s reputation because things didn’t go your way, that’s much different.”
Edwards and Vogl-Bauer asked Llewellyn to take down his online comments and videos. They filed the lawsuit after he refused.
Llewellyn said it’s important for the videos and comments to stay online so the public can remain informed.
“I don’t feel I’ve (gone) too far with my videos and comments because everything posted basically communicates exactly how Sally Vogl-Bauer treated me,” Llewellyn said.
The lawsuit seeks punitive damages and attorney and trial fees. The case is scheduled to go a jury trial in September.
It’s not clear how successful the lawsuit will be, but a similar case in Minnesota ended with a ruling in favor of the person who posted the online rating. In the case (*), a doctor took offense when a patient’s son went on a rate-your-doctor website and called him “a real tool,” slang for stupid or foolish. The Minnesota Supreme Court ruled in January 2013 that the comment wasn’t defamatory because it was an opinion protected by free-speech rights.
(*) David McKee MD vs Dennis Laurion, Minnesota Supreme Court Case # A11-1154