R-v-Elliott-Submissions-15-April-7

47. It is submitted that Ms. Guthrie is more than just a messenger. To the contrary, it
appears that Ms. Guthrie took an active interest in making sure that Mr. Elliott
faced “real life consequences” for his actions. It is submitted that – during the
Particularized Dates – it would have been utterly reasonable for Mr. Elliott to
have concluded that Ms. Guthrie was, in fact, an abettor who was actively
encouraging the “calling out” of Mr. Elliott.
48. Further, it is submitted that it would have been reasonable for Mr. Elliott – during
the Particularized Dates – to have concluded that Ms. Guthrie’s apparent hostility
towards him was the result of a political or philosophical disagreement (as
opposed to Ms. Guthrie’s feeling she had being criminally harassed by him.)
Indeed, it cannot be overlooked that – right up until the point in time Mr. Elliott
publically stated his opposition to Ms. Guthrie’s handling of the Bendalin Spurr
matter – Ms. Guthrie actively and faithfully communicated with Mr. Elliott on
Twitter. Indeed, between April 16, 2012 and July 7, 2012, Ms. Guthrie was
responsible for approximately 50% of the tweets on Exhibit 2A. However, things
changed on July 7, 2012, the date the following exchange occurred between Mr.
Elliott and Ms. Guthrie:
18:41:50: It’s revenge… If he [Mr. Spurr] kills himself because of
your orchestrated attack? @rachelmack @amirightfolks
@emmawoolley @sysrequest @metricjulie
18:43:52: @greg_a_elliott If you think it’s revenge you’re not paying
attention. I’ve had it with you @rachelmack
@emmawoolley @sysrequest @metricjulie 48
49. In an era during which people too often suffer the “real life consequences” of
online bullying – consequences that sometimes include suicide – it is submitted
that the political position taken by Mr. Elliott in his July 7 th tweet was not only
reasonable, but perhaps socially responsible. Ms. Guthrie, however, did not share
Mr. Elliott’s political perspective and, following July 7 th , she had nothing kind to
tweet about him.
50. It is further submitted that it would have been utterly reasonable for Mr. Elliott to
have concluded during the Particularized Dates that Ms. Guthrie’s dissatisfaction
with him had nothing to do with the “fear” she testified to feeling while she sat
across the dinner table from him on April 18, 2012. Indeed, the day following
their dinner, Ms. Guthrie tweeted:
@greg_a_elliott As did I [enjoy sharing a meal with you]! Thank you,
will check and respond this eve:) PS everyone needs an oyster po’boy (it’s
a real thing!) from @thisendupto. 49
48 Exhibit 2A, p. 3.
49 Exhibit 2A, p. 4, April 19, 2012, 18:32:15.
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