Posting Mocking Photo To Social Media May Be Tortious….If You’re Shaq–Binion v. O’Neal

11 01 2017

Jahmel Binion alleges that Shaquille O’Neal posted to Instagram and Twitter a picture of him that portrayed Binion in a derogatory capacity. Binion suffers from a skin disease that left him disfigured. Shaq posted a picture of Binion side-by-side with Shaq (“attempting to make a similar face”) captioned “SMILE PEOPLE.” Not surprisingly due to Shaq’s millions of followers, the picture received 17,703 “likes” and 735 comments.

Binion sued Shaq originally in Michigan, but it was dismissed on personal jurisdiction grounds and refiled in Florida. Shaq brings a motion to dismiss. The court allows several of the claims to go forward.

Case citation: Binion v. O’Neal, 15-60869 (S.D. Fl. Jan. 11, 2016)



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