From Judge Jeffrey Schmehl's decision in Manco v. St. Joseph's University (E.D. Pa.):
On February 25, 2021, Loue tweeted at SJU as follows: "but are you gonna fire Greg Manco who has done nothing but contribute to a hostile learning environment with his racism, sexism, and transphobia??????" SJU responded to Loue's tweet by saying, "Saint Joseph's continues to strive to be a welcoming, diverse and inclusive community. The University acts quickly to investigate reports of bias, harassment, and other incidents. Plaintiff then alleges that "Loue was never a student of Dr. Manco and knew this tweet to be false."
Similar to the motions to dismiss previously filed by the other student defendants and decided by this Court in an opinion dated January 25, 2024, Loue argues that her tweet of February 25, 2021, enjoys absolute privilege as she conveyed information that commenced an investigation pursuant to federal statute or regulations. However, the instant tweet of Loue is distinguishable from the privileged communications between students and specific individuals at SJU who were involved in the investigation process. A general tweet directed to a private university cannot be found to have intended to commence an investigation.
The examples in the January 25, 2024, opinion where I found student communications were entitled to immunity were emails and direct correspondence to specific individuals at SJU, not just random public tweets. Loue's tweet is not entitled to immunity for that reason.
Also, I find that her tweet was capable of a defamatory meaning as a person reviewing SJU's Twitter account could read it and believe that Plaintiff is racist, sexist and/or transphobic. Accordingly, Loue's Motion to Dismiss as to her February 25, 2021, tweet based upon immunity is denied.
