PPP founder and Board President Mark Goldowitz, who is also the Director of the California Anti-SLAPP Project, said, “This is a historic occasion. It protects and encourages critical open dialogue, whether that speech takes place in the town square, on a cable news network, or online on a blog or consumer review site. The SPEAK FREE Act is particularly timely. Technology now makes it possible for everyone to don the hat of journalist, editor, town crier or anonymous pamphleteer. Financial health, public safety, environmental well-being, national security, and government accountability all demand an active, engaged citizenry. Numerous events over the past few years highlight the need for more communication about important issues. Federal anti-SLAPP legislation would close these loopholes and protect Americans in all states and at the federal level from SLAPPs. Plaintiffs can also avoid state anti-SLAPP laws by filing a federal claim in federal court. This patchwork of state laws allows “forum shopping” by plaintiffs, who can file their SLAPPs in jurisdictions where anti-SLAPP protections are absent or weak. Those laws on the books vary in strength and breadth. While some states have combated this form of bullying by enacting anti-SLAPP laws, almost half of the states do not have legislation that protect against SLAPPs. Anti-SLAPP laws tell consumers that they can ignore bullying tactics, which helps keep this socially important content from being scrubbed from the Internet. Society benefits when consumers share their critical consumer reviews and social media complaints, but those negative comments often trigger strongly-worded legal threats. As PPP Board Member Eric Goldman, who is a professor at Santa Clara University School of Law and Co-Director of the High Tech Law Institute, points out: Unfortunately, abuses of the legal system, aimed at silencing these citizens, have also grown. The Internet age has encouraged and grown citizen participation in democracy through self-publishing, citizen journalism and other forms of speech online. To end or prevent a SLAPP, those who speak out on issues of public interest frequently agree to muzzle themselves, apologize, or “correct” statements.Įvery American, from consumers reviewing the services of a merchant online, to reporters revealing information that some would rather see kept quiet, to citizens speaking out against a development in their community, are potential targets of a SLAPP suit. SLAPPs are effective because even a meritless lawsuit can take years and many thousands of dollars to defend. Rather, SLAPPs are intended to intimidate those who disagree with the SLAPP filer by draining the target’s financial resources. SLAPP filers don’t go to court to seek justice. Strategic Lawsuits Against Public Participation, or SLAPPs, are lawsuits used to silence and harass critics by forcing them to spend time and money to defend these meritless suits. Representatives Blake Farenthold (R-TX) and Anna Eshoo (D-CA) introduced the bill in a bi-partisan effort aimed at supporting the rights of all Americans affected by meritless SLAPP suits. On May 13, 2015, bi-partisan co-sponsors in the House introduced the SPEAK FREE Act of 2015, a law designed to protect Americans from meritless lawsuits that target their First Amendment rights. Here is PPP's original Press Release on the bill: PPP helped organize multiple coalition letters to the House Judiciary Committee urging enactment of Speak Free Act, including a letter from non-profit organizations and one from law professors across the country (more info here).īoard Member Jeremy Rosen published an Op-Ed in The Hill about the importance of the Speak Free Act. You can view that panel here.īoard Member Laura Prather testified at the hearing before the House Judiciary Committee, Subcommittee on the Constitution and Civil Justice, on the Speak Free Act on June 22, 2016. Policy Director Evan Mascagni and Board Member Kevin Goldberg participated in a panel on the Hill about the Speak Free Act. PPP also has been actively working with that coalition and folks on the Hill on the Senate version of the bill. In 2016, PPP actively worked with a coalition of supporters and staffers on the Hill to push for a hearing on the bill in the House.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |