Suppose you live in Virginia and have been defamed on Facebook or Twitter by someone who lives in another state on the other side of the country. Can you file a lawsuit in Virginia, or do you have to sue in the state of the defendant’s residence? Many have tried to sue distant tortfeasors in Virginia on the theory that social-media posts can be read all over the world (including Virginia) and that the defendant knew his defamatory statements would cause harm to a person located in Virginia, but these lawsuits rarely succeed. It has become clear that to sue a person in Virginia in cases of Internet defamation, courts want to see a purposeful targeting of Virginia readers. Merely issuing a statement published to the entire world is not enough.
The relevant legal concept is that of “specific personal jurisdiction.” The court needs to have power to issue a judgment over another person, and to do so consistent with the United State Constitution, specific (or general) personal jurisdiction must be found to exist. In essence, the question is whether the defendant maintains sufficient “minimum contacts” with Virginia so a lawsuit filed against that person in Virginia would not offend “traditional notions of fair play and substantial justice.” The general idea is that it would not be fair to hale someone to court on the other side of the country if that person had no meaningful connections with that other state. Posting something on Facebook does not connect a person in any meaningful way with every state in the country.