Online Bullying Creates Tennessee Lawsuit

Adam Holland, a young man diagnosed with Down syndrome, is the subject of a lawsuit against Cox Media and other online users. A photograph of Adam holding up a piece of paper with a drawing that he made while in art class circulated the internet and was then photoshopped to bring offense against him and his family.

A radio station in Tampa, Florida, WHTP-FM changed the photo so that instead of Adam’s drawing, it read “Retarded News.” The station used this photo on its website to headline odd stories that occur in the news. The program director of The Cowhead Show, which used the photograph, apologizes and explains that the stories presented “are NOT about disabled individuals” despite the photo being that of a disabled boy.

It is unknown how the station got the photo; however, once the Holland family saw the abuse that was applied to the photo, it immediately sought to fix the problem. The photograph, according to the Hollands, has caused “severe mental anguish and emotional distress with manifestations that impact their daily lives and routines, humiliation, embarrassment, [and] fear.”

The lawsuit also includes an individual Minnesota Flickr user who altered the photo to where Adam holds a sign that says, “I got a boner.” The user claims that it is “just a photo of the sick retarded kid that lives down my street that my dogs hate.” So not only is the picture abusing Adam and his disability, but also his words are spreading false, damaging ideas about him.

This lawsuit is interesting as it brings discrimination into modern times. Technology can do some amazing things, but it can also make bullying so much easier online. Thousands of pictures are photoshopped to change the message of the original print. Though some might be funny or positive, these changes are undeniably cruel and harmful. These images not only degrade Adam and his family, but also demean disabled people overall. The radio station used his face to represent “Retarded News” and the Flickr user titled him negatively as “the sick retarded kid” without any consideration of his feelings or others who could be offended by it.

Freedom of speech is granted online; however, there are certainly limitations. In this case, because it is an altered photo of someone that is unknown to both defendants and without his consent it doesn’t exactly fall into the lines granted by the First Amendment. If it was a photo knowingly published online and the original drawing was that of “Retarded News” or “I got a boner,” it could be a different situation. Justice will hopefully be provided for the young man and his family who have suffered at the hands of this exploitation.