Let’s suppose you read one of our “News To Make You Furious” sections and get furious. You decide that you’re “mad as hell, and you’re not going to take it anymore”, so you exercise one of those unused Constitutional rights and do something like
- write a letter to a newspaper editor
- circulate a petition
- call a public official
- report police misconduct
- erect a sign or display a banner on your property
- complain to school officials about teacher misconduct or unsafe conditions in the school
- speak at a public meeting
- report unlawful activities
- testify before Congress or state legislatures
- speak as an officer of an active public interest group, or
- file a public interest lawsuit
You may be surprised to find that truth is NOT a complete defense when you are served with a SLAPP (Strategic Lawsuit Against Public Participation) lawsuit. These are frivolous lawsuits designed to make it too expensive to speak out against anyone who can afford to file one. The plaintiff alleges defamation, slander, loss of income, or damages of some type and puts together a suit. The suit is never intended to win on its merits, but to drag on for months or years and bleed the person or organization to death financially. Faced with the possibility of tens of thousands of dollars in lawyer’s fees, many people have no choice but to be quiet and get back in line.
What can you do…
Many states (notably California, and fortunately Oregon) have some type of legislation to protect against SLAPPs, but not all. New legislation being considered by Congress would create federal-level protection, but it’s not law yet. There’s a surprisingly cheap way to defend against these in the meantime… insurance. A rider that covers SLAPPs can be added to most umbrella insurance policies, but it has to be done before a SLAPP is served. There are several organizations that are forming to fight SLAPPs, and they have great information. Here’s all the links you need to find out more than you ever wanted to know…
7 minute audio report from NPR on possible new federal SLAPP legislation
Anti-Slapp Resources from the First Amendment Project
“SLAPP Happy: Corporations That Sue to Shut You Up”
