'Bad-ass lawyer' can't sue over parody Twitter account, appeals court says
A Michigan lawyer who described himself as a “bad-ass lawyer” on Twitter has lost an appeal seeking to reinstate his suit against the writer of a parody Twitter account.
In a May 19 opinion (PDF), the Michigan Court of Appeals cited the First Amendment and refused to reinstate the suit filed by lawyer Todd Levitt, report the Volokh Conspiracy and TechDirt. The author was a student at Central Michigan University where Levitt was an adjunct professor.
The court found that the defendant’s tweets “are a parody and cannot reasonably be interpreted as coming from Levitt, an attorney and college professor. The cited tweets ridicule and demean the legal profession, as well as Levitt’s status as an attorney and a college professor.”
The parody account was labeled “Todd Levitt 2.0 @levittlawyer” and included a photo of Levitt and a logo used by his law firm. The writer did, however, post several tweets stating that the account was a parody, including one describing the account as “a badass parody of our favorite lawyer.”
Levitt’s real Twitter account, since deleted, referenced alcohol and marijuana several times, the court said. One tweet said, “Mr. Jimmy Beam just confirmed a guest appearance in class next week.” Another was an ode to “mommy marijuana,” who “always put me at ease.”
Levitt alleged that several parody tweets attacked his credibility as a lawyer and professor, including these:
—“What’s the difference between the internet and my tweeted legal advice? A: none. They’re both 100% accurate!”
—“Buying me a drink at Cabin Karaoke will get you extra [credit], but it’s not like that matters because you are guaranteed an A in syllabus.”
—“In the words of Snoop Dogg: smoke weed every day. #inToddWeToke”
Levitt had claimed he lost two potential clients because of the parody tweets, and several other clients, potential clients and parents had called to complain.
Related article:
ABAJournal.com: “After losing libel lawsuit over parody Twitter account, lawyer sues opposing counsel and newspaper”
