Another federal judge faced with interpreting Virginia’s insulting-words statute has found that (1) a face-to-face confrontation is not required, and (2) if the words at issue are defamatory per se, then they automatically satisfy the requirements of the statute. The case is Christen Waddle v. Aundrea Claughton, currently pending in the Danville Division of the Western District of Virginia.
The facts of the case (as alleged in the complaint and recited in an earlier opinion) are essentially as follows. Ms. Waddle was driving down the street minding her own business, when she encountered an emaciated dog (not the one pictured) running loose in the middle of the road. The dog appeared to be in bad shape. It had scratches on its face and its ribs were visible. Feeling sorry for the dog, she decided to scoop it up and take it to Animal Control. She called the number on the dog’s collar but no one answered. She then found the owner’s Facebook page and contacted him through Facebook, letting him know she was taking the dog to Animal Control.