Anderson's Business Law and the Legal Environment 20th Edition by David Twomey,Marianne Jennings

Exercise 7

Jane Doe filed a complaint against Richard Lee Russell and America Online (AOL) to recover for alleged emotional injuries suffered by her son, John Doe. Doe claimed that in 1994, Russell lured John Doe, who was then 11 years old, and two other minor males to engage in sexual activity with each other and with Russell. She asserted that Russell photographed and videotaped these acts and used AOL's chat rooms to market the photographs and videotapes and to sell a videotape. In her six-count complaint, Doe claimed that AOL violated criminal statutes and that AOL was negligent per se in distributing an advertisement offering "a visual depiction of sexual conduct involving [John Doe]" and by allowing Russell to sell or arrange to sell child pornography, thus aiding in the sale and distribution of child pornography, including obscene images of John Doe. Does Mrs. Doe have a cause of action? What laws discussed in this chapter apply? [Doe v America Online, Inc., 783 So2d 1010 (Fla)]