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virginiaprelawland · 7 months ago

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The Idaho Murders TikTok Psychic Defamation Lawsuit

By Elizabeth Wolnik, George Mason University Class of 2024

April 21, 2024

The infamous “legal sideshow” of the Idaho murders involving a TikTok creator and a history professor has only gotten more complicated and intense as time has gone on. Ashley Guillard, a tarot card reader from Texas, posted a series of TikToks that claimed that University of Idaho history professor Rebecca Scofield was having an affair with one of the victims of the Idaho murders and orchestrated the students’ killings to cover it up [1]. Guillard began her accusations 10 days after Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin were killed in their off-campus home in Moscow, Idaho. Despite Guillard’s outrageous and unverified claims, they quickly gained traction online. Guillard claimed that her “spiritual research” led her to the University of Idaho History Department which Scofield chaired. Guillard said she zeroed in on Scofield using “intuitive abilities, spiritual acuity, and investigative skills.” Guillard persistently asserted that Scofield had been romantically involved with one of the victims and enlisted her ex-boyfriend to kill her and her friends. There is no evidence that Scofield and the victim ever knew each other. Scofield’s attorneys sent two cease and desist letters in late 2022 to Guillard, demanding that she stop posting and remove all defamatory TikToks. Guillard refused and posted 20 more videos continuing to paint Scofield as the “mastermind behind the killings.” [1].

Scofield filed a defamation suit against Guillard on December 21, 2022, and insisted that Guillard used “the community’s pain for her online self-promotion” [1]. Guillard continued to make inaccurate claims even after Bryan Kohberger was arrested on December 30, 2022, and was named the primary suspect in the case. In fact, Guillard doubled down on Scofield’s guilt even after Kohberger’s arrest occurred [3]. Guillard claims to have solved several high-profile cases before, including the deaths of Migos rapper Takeoff, businesswoman Shanquella Robinson, and internet personality Kevin Samuels [4].

Rebecca Scofield has taught at the University of Idaho since 2016 and maintains that she was in Portland, Oregon with her husband and friends at the time of the murders [1]. Scofield also states in her lawsuit that none of the victims attended any classes she taught, and she could not recall meeting any of them. As a result of Guillard’s immense online following, Scofield’s name is now linked to the word “murder” in a basic internet search. According to Scofield’s lawsuit, Guillard’s claims have “tarnished” Scofield’s reputation and has made her “the subject of online ridicule and threats from Guillard’s online commentators.” Guillard has also caused Scofield to fear for her family’s safety as well as generating “significant emotional distress.” [1].

Guillard, who is representing herself, claims that she has suffered damages from the publicity of the suit rather than Scofield [6]. Scofield’s attorneys have called Guillard’s comments “increasingly inflammatory.” They go on to state, “Guillard is free to practice any ‘spirituality’ that she likes, but that ‘spirituality’ does not excuse attacking another person’s reputation or warrant using this Court as a platform to harass Professor Scofield, drive up litigation expenses, and further Guillard’s scheme to make ‘millions of dollars.’” Scofield’s attorneys are asking a judge to dismiss Guillard’s counterclaims and award Scofield her attorney’s fees, as well asking for a jury trial [5]. Scofield’s friend and colleague created a GoFundMe to help with the costs associated with the lawsuit [6]. In response, Guillard said, “I’m going to keep posting. I’m not taking anything down. If in the alternate universe, if I was wrong, this is an open and shut case. I did say she ordered the execution of the four University of Idaho students. I’m still posting. I’ve said a lot of things about her. I’m not going to stop. If I’m such a liar, I’m so wrong about it, then in court she will win.” [5].

Guillard has continued to deny that she has defamed Scofield because the accusations are “substantially true” [2]. Determining what is considered defamation is a delicate area of law as the lines between stating an opinion versus stating a fact can be vague [7]. Most defamation cases test the limits of the First Amendment’s guarantees of freedom of speech and press. Fundamentally, defamation is a statement that injures a third party’s reputation and includes both written and spoken statements. While each state varies in their standards for defamation and the potential damages that could result, overall a plaintiff must show four things to prove prima facie (at first sight) defamation. These include: a false statement purporting to be fact, a publication or communication of that statement to a third person, a fault amounting to at least negligence, damages or some harm caused to the reputation of the person or entity that is the subject of the statement [7].

In her countersuit, Guillard stated that she plans to subpoena Meta for all messages on Scofield’s Facebook and Instagram accounts from June 1, 2021 to the present [1]. Judge Raymond Edward Patricco Jr. criticized this request and called it a “fishing expedition” and a “ready, aim, fire” approach that is not permitted under state law. Judge Patricco ruled to dismiss Guillard’s counterclaim, saying “In short, the pleading requirement does not provide a key to ‘unlock the doors of discovery for a plaintiff armed with nothing more than conclusions’; again, a complaint must be plausible on its face.” [1].

On top of dismissing Guillard’s 11 counterclaims against Scofield and her legal counsel, Judge Patricco granted Scofield’s motion to quash a summons to her counsel [2]. Judge Patricco stated that Guillard’s “‘intuitive abilities, spiritual activity, and investigative skills’ were not enough to allow the Court to infer the existence of a plausible claim against Plaintiff”, therefore each of Guillard’s counterclaims failed as a matter of law. Judge Patricco concluded that Rebecca Scofield’s defamation claim could go forward [2].

Ultimately, this legal battle underscores the need for responsible discourse and the diligent pursuit of truth, both online and within the justice system. The outcome of Rebecca Scofield's lawsuit against Ashely Guillard will not only impact the individuals involved but also set precedents for future cases involving defamation in the digital age.

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[1] https://www.huffpost.com/entry/idaho-college-student-killings-defamation-suit_n_64d2b472e4b0b9c9f3e3ef0c

[2] https://reason.com/volokh/2023/11/14/alleged-psychic-intuition-still-isnt-enough-to-make-a-federal-claim-plausible-enough-to-withstand-dismissal/

[3] https://www.spokesman.com/stories/2023/aug/08/judge-dismisses-counterclaims-brought-by-tiktok-ps/#:~:text=A%20federal%20judge%20called%20a,counterclaims%20against%20the%20professor%20Tuesday.

[4] https://www.oregonlive.com/pacific-northwest-news/2022/12/a-tiktok-psychic-claimed-to-have-solved-the-university-of-idaho-murders-her-suspect-is-suing.html

[5] https://www.washingtonpost.com/nation/2022/12/24/idaho-killings-rebecca-scofield-ashley-guillard-/

[6] https://www.ktvb.com/article/news/special-reports/moscow-murders/tiktok-user-files-counterclaims-against-university-of-idaho-professor-she-accused-in-moscow-murders-rebecca-scofield-ashley-guillard/277-17d41240-a930-4026-81ed-93fb182071c3

[7] https://www.law.cornell.edu/wex/defamation

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