What I've thought all along - Steinbuch should lose

Not to beat a dead horse, but Half Sigma posted about the whole tort of "public disclosure of private facts," which Robert Steinbuch is suing Jessica Cutler over, and which I think is pretty much bullshit, to use a highly non-legal phrase. The Supreme Court of Indiana apparently refused to adopt the tort. Right on!

[W]e do not discern anything special about disclosure injuries. Perhaps Victorian sensibilities once provided a sound basis of distinction, but our more open and tolerant society has largely outgrown such a justification. In our "been there, done that" age of talk shows, tabloids, and twelve-step programs, public disclosures of private facts are far less likely to cause shock, offense, or emotional distress than at the time Warren and Brandeis wrote their famous article.

Seriously, I fail to see how we can look at a case like Steinbuch's and not consider the fact that we're in the age of un-privacy, which I've posted about here many times. Cutler, like Monica Lewinsky before her, to my mind, engaged in girl talk, albeit she did so on a blog. I have a hard time believing that most women her age have not shared similar facts amongst their friends...using people's full names.

Half Sigma had previously posted something I fully agree with (except I like Jessica, and think she looks hot eating a beef patty):

The more I think about Steinbuch's lawsuit, the angrier I get. I really hope that the court makes him pay for her legal fees. This is not because I like Jessica, but because I strongly feel that people shouldn't be forced to pay six figures in legal fees for what they write in their personal blog about their personal life experiences. No blogger is safe from losing their entire life savings Steinbuch is allowed to get away with this.

Which is why I bristle when being told things I write here are "fucked up." They're my version of events and, sad to say, pretty fucking true. I'm so glad to see Half Sigma connect the fate of this case to any blogger who writes about their personal life. Seriously, this case is way bigger than Robert Steinbuch's dick.