The Legal System Should Not Be a Tool for Bullies

[Zorro]

A bill in New York would discourage frivolous lawsuits aimed at chilling free speech.

The New York State Legislature has before it an important bill that would discourage abusive lawsuits filed with the sole purpose of silencing critics. Known as SLAPPs, for strategic lawsuits against public participation, the suits are deliberate misuses of the legal system intended to choke off free speech.

Individuals and organizations who file a SLAPP typically do not intend to win. Their goal is to intimidate and harass critics by saddling them with prohibitively expensive, nerve-racking and time-consuming legal processes. The ploy is a direct assault on freedom of expression, perversely cloaked as ordinary civil claims such as defamation, invasion of privacy or interference with economic advantage.

The New York Times and other major news organizations are regular targets of lawsuits, in several cases filed by President Trump, who is notoriously given to threatening lawsuits. But while substantial organizations have the resources to fend off punitive suits, smaller news organizations and people sharing their opinions on social media can be seriously hurt by legal costs that can well exceed $100,000 and the wrenching ordeal of discovery proceedings and court hearings.

Frivolous lawsuits are hardly new. But the spread of social media has greatly expanded the power of individuals and organizations to mobilize opposition to some project or to criticize, expose and ridicule wayward politicians, oppressive organizations or bullying businesses, and retaliatory SLAPPs have proliferated.

Mr. Trump has been a major purveyor of SLAPPs, including frivolous lawsuits brought by his campaign against The Times, The Washington Post and CNN. However, most SLAPP cases, according to the American Civil Liberties Union, involve real estate issues, the protection of the environment, consumer rights or animal rights in addition to criticism of public officials. Actions that have drawn SLAPPs include online criticism, letters to the editor, fliers, petitions, protest demonstrations, filing a complaint with a government agency, speaking out at public hearings and making legal claims.

https://www.nytimes.com/2020/07/17/opinion/new-york-slapp-frivolous-lawsuits.html

[2naSalit]

1. About time.

[Stuart G]

2. K and R...Thank You For Posting.