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Topic: SLAPP


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  Strategic Lawsuits Against Public Participation, SLAPPs
Canan and Pring define a SLAPP as being a civil court action which alleges that injury has been caused by the efforts of individuals or nongovernment organisations to influence government action on an issue of public interest or concern.
Another effect of the SLAPP is to distract the key antagonists from the main controversy and use up their money, time and energy in the courtroom, where the issues are not discussed.
SLAPPs can also shift the balance of power giving the firm filing the SLAPP suit the upper hand when they are losing in the political arena.
www.uow.edu.au /arts/sts/sbeder/SLAPPS.html   (4703 words)

  
 FAP - Anti-SLAPP
Generally, a "SLAPP" is a (1) civil complaint or counterclaim; (2) filed against individuals or organizations; (3) arising from their communications to government or speech on an issue of public interest or concern.
SLAPP filers frequently use lawsuits based on ordinary civil claims such as defamation, conspiracy, malicious prosecution, nuisance, interference with contract and/or economic advantage, as a means of transforming public debate into lawsuits.
The filing of a SLAPP also impedes resolution of the public matter at issue, by removing the parties from the public decision-making forum, where the both cause and resolution of the dispute can be determined, and placing them before a court, where only the alleged "effects" of the public controversy may be determined.
www.thefirstamendment.org /antislappresourcecenter.html   (4787 words)

  
 firstamendmentcenter.org: Petition Topic
Judge Colabella was referring to the threat posed by Strategic Lawsuits Against Public Participation, or "SLAPPs." SLAPPs are lawsuits filed in response to or retaliation for citizen communications with government entities and employees.
SLAPP complaints do not arrive bearing claims labeled as "SLAPPs." Typically, a "SLAPPer" brings causes of action for defamation, conspiracy, abuse of process, interference with contract, and other common-law claims.
When SLAPPs are defended against on the basis of the petition clause of the First Amendment, nearly all such litigation is dismissed, or summary judgment is entered for the defendant, as Pring and Canan note.
www.firstamendmentcenter.org /petition/topic.aspx?topic=slapp   (1322 words)

  
 Venice Florida! - Levine is out of trouble; Slapp is out of a job
Slapp is gone, and according to our sources close to the action, it is not wholly by his own volition.
By the end of 2001, Slapp, Randall, and anyone in the city's computer department had the ability to sit at their computers and read any file or monitor any activity that was taking place on the networked police computers, including the office of the chief of police.
Slapp had to play by the State's rules, he had to convince the State that Levine posed some kind of real physical threat in order to support the arrest.
www.venfl.com /features/slapp-retires.htm   (4053 words)

  
 SLAPP -- FAQs
According to the California Anti-SLAPP Project, they are civil complaints or counterclaims (against either an individual or an organization) in which the alleged injury was the result of petitioning or free speech activities protected by the First Amendment of the U.S. Constitution.
SLAPPs are often brought by corporations, real estate developers, or government officials and entities against individuals who oppose them on public issues.
Typically, SLAPPs are based on ordinary civil tort claims such as defamation, slander, libel, interference with contractual relations, and conspiracy.
www.serconline.org /SLAPP/faq.html   (481 words)

  
 Midweek Perspectives: Keep free speech free: punch back at SLAPP
This relatively recent phenomenon is called SLAPP - Strategic Lawsuit Against Public Participation - and it's the subject of a bill introduced this week in Harrisburg by state Rep. Camille George, D-Clearfield.
SLAPP targets must hire attorneys to defend rights they already have under the Constitution, notably free speech and the right to petition the government for a redress of grievances.
Yet, winning the lawsuit is a hollow victory if in the process of defending their constitutional safeguards, the SLAPP targets lose their life savings in legal fees.
www.post-gazette.com /forum/19990210edrichard4.asp   (685 words)

  
 ACLU Supports Taxi Company President Against SLAPP Suit Which Violates First Amendment - 2004 - News - Welcome to the ...
The ACLU argues that such a lawsuit ­ commonly referred to as a SLAPP suit ­ violates the First Amendment by punishing individuals petitioning the government to remedy illegal activities.
"SLAPP suits endanger the First Amendment because their goal is to target people exercising their constitutional right to have the government investigate and remedy possible illegal or harmful activities.
The object of SLAPP suits is to wear people down with frivolous and protracted litigation.
www.acluhawaii.org /pages/news/040218ACLUAgainstSLAPPSuit.html   (348 words)

  
 SLAPP Happy: Corporations That Sue to Shut You Up - Center for Media and Democracy
We found that SLAPP targets who fight back seldom lose in court yet are frequently devastated and depoliticized and discourage others from speaking out--'chilled' in the parlance of First Amendment commentary."
SLAPP suits achieve their objectives by forcing defendants to spend huge amounts of time and money defending themselves in court.
SLAPP suits threaten the very foundation of citizen involvement and public participation in democracy.
www.prwatch.org /prwissues/1997Q2/slapp.html   (2208 words)

  
 Strategic lawsuit against public participation - Wikipedia, the free encyclopedia
A Strategic Lawsuit Against Public Participation ("SLAPP") is a form of litigation filed by a large organization or in some cases an individual plaintiff, to intimidate and silence a less powerful critic by so severely burdening them with the cost of a legal defense that they abandon their criticism.
The first noteworthy case in New Zealand was a SLAPP served by Nelson lawyers Pitt and Moore on the environmental lobby group Native Forest Action in 1997.
Section 425.18, signed into law on October 6, 2005, was enacted to facilitate SLAPP victims in recovering their damages through a SLAPPback (malicious prosecution action) against the SLAPP filers and their attorneys after the underlying SLAPP has been dismissed.
en.wikipedia.org /wiki/SLAPP   (1281 words)

  
 The Missouri Bar - Missouri's New Anti-SLAPP Law
The primary purpose of a SLAPP lawsuit is not to resolve the allegation in the petition, but to punish or retaliate against citizens who have spoken out against the plaintiffs in the political arena and to intimidate those who would otherwise speak in the future.
Not only are there numerous examples of SLAPP lawsuits throughout the country, there are countless additional examples of threats of lawsuits that have had the same desired effect: causing citizens to rethink and retreat from their public participation for fear of costly and time-consuming litigation.
SLAPP defendants should be entitled to, and should be awarded, attorneys' fees and costs even when a SLAPP suit is dismissed before a ruling on a special motion.
www.mobar.org /e9b8133e-9ebe-4c38-809b-fc3cffde6e58.aspx   (4932 words)

  
 Society of Professional Journalists: Anti-SLAPP Model
The essence of a SLAPP suit is the transformation of a debate over public policy – including such local issues as zoning, environmental preservation, school curriculum, or consumer protection – into a private dispute.
Most SLAPPs present themselves as primary causes of action, with the moving party as the defendant to the original SLAPP suit and the responding party as the plaintiff.
Thus, the evaluation of a SLAPP claim is properly focused on the substance of the claim rather than peripheral matters such as the status of the parties.
www.spj.org /antislapp.asp   (9112 words)

  
 Anti-SLAPP Law in Massachusetts: A Pathfinder
Invoking the Anti-SLAPP statute (c.231 sec.59H), the SJC ruled that Fabre's lawsuit would not be allowed to go forward without a "substantial basis" that the domestic violence claim was "devoid of any reasonable factual support," and that since the order had been extended, the claim must have had some factual support.
Clarifying a procedural issue, the court also decided that defendants in such suits have a right to bring an interlocutory appeal to the Appeals Court, "regardless of the court in which the SLAPP suit was brought."
Strategic Lawsuits Against Public Participation (SLAPP), by Michael Pill, Pill, 1998.
www.lawlib.state.ma.us /slapp.html   (652 words)

  
 freedomforum.org: How to SLAPP back
The most recent example of a SLAPP is the lawsuit brought by the San Francisco 49ers to stop a citizen-led petition drive to overturn taxpayer funding of the team's new football stadium.
Recognizing that SLAPPs are designed to discourage citizens from exercising their First Amendment right to petition government concerning their grievances, many states have adopted legislation to limit SLAPPs.
If a SLAPP proponent believes that a judicial determination of who's telling the truth in the political arena is important enough to justify a SLAPP, then the court should make that determination before the governmental body or voters involved make their decision.
www.freedomforum.org /templates/document.asp?documentID=9724   (1070 words)

  
 Terminix Files SLAPP Suit
A SLAPP suit is a strategic lawsuit against public participation -- civil complaints or counterclaims (against either an individual or an organization) in which the alleged injury was the result of petitioning or free speech activities protected by the First Amendment of the U.S. Constitution.
Typically, SLAPPs are based on ordinary civil tort claims such as defamation, conspiracy, and interference with prospective economic advantage.
Every year thousands of people are hit with SLAPPS for such activities as writing a letter to a newspaper, reporting misconduct by public officials, speaking at public meetings, filing complaints with officials over violations of labor laws or health and safety laws, “whistle blowing” in corporations, or organizing tenants.
www.syix.com /emu/html/slapp1.html   (719 words)

  
 California's anti-SLAPP Law Clarified: State Supreme Court makes it easier to avoid lawsuits meant to silence dissent ...   (Site not responding. Last check: 2007-10-13)
SLAPP suits -- Strategic Lawsuits Against Public Participation -- originally were brought by government agencies, businesses and developers to entangle citizens in long and expensive litigation.
A SLAPP suit must "arise from" a citizen or group's protected speech, the court said.
The court ruled that the final suit by one of the businessmen accusing the other of violating an agreement not to sue was a SLAPP suit.
www.mindfully.org /Reform/2002/CA-Anti-SLAPP-Law30aug02.htm   (833 words)

  
 Camera - Slapp Happy - Song Listings
Slapp Happy fans may be in for a shock if they haven't paid careful attention to the liners before slapping on this CD.
Moore composed the music in 1991 and Camera was broadcast on Channel 4 in the U.K.; of course, the visual component is entirely missing from this CD and is doubtless an important facet of the overall experience.
As it stands, Camera should be of interest to Slapp Happy fans but perhaps more so to fans of the group's individual members: Dagmar the singer, Blegvad the philosopher/wordsmith, and Moore the contemporary classical composer.
www.mp3.com /albums/443855/summary.html   (1240 words)

  
 FIRST AMENDMENT PROJECT: RESOURCES: BROWN ACT
Create a neat package of information that you can present to potential attorneys; it may include: a brief cover letter which is respectful of the attorney's time, focuses on the key issues in your case, and states, specifically, what you would like the lawyer to do for you.
If you are successful in defending a SLAPP, and you can show that the SLAPP was brought for a purpose other than to resolve the issue by legal means -- e.g., the case was filed for the purposes of harassment, needlessly piling up defense costs, silencing opposition, etc. -- seek legal advise about SLAPPing back.
The SLAPP Resource Center is run by University of Denver Professors George Pring and Penelope Canan, the leading authorities on SLAPPs.
www.thefirstamendment.org /slapp.html   (5320 words)

  
 [No title]
Figure 1: SLAPP Protocol Model The control protocols that are negotiable using SLAPP are expected to be published ones that have gone through a review process in standards bodies such as the IETF.
Expires December 2, 2005 [Page 62] Internet-Draft SLAPP May 2005 6.1.3.3 Monitoring and Statistics An AC may want to periodically monitor the health of a WTP, collect the necessary information for diagnostics, and get notifications on pre-defined events at the WTP that may be of interest.
Expires December 2, 2005 [Page 72] Internet-Draft SLAPP May 2005 req_num: the number of the slice that was requested more: whether the "More bit" in the packet should be set starved: a timer which sets the maximum amount of time in which an AC will attempt to download an image.
www.ietf.org /internet-drafts/draft-narasimhan-ietf-slapp-01.txt   (6018 words)

  
 Slapped? Slapp back
During the late 80s, moneyed interests frequently employed a tactic of intimidation against community activists, which became known as "SLAPPs," an acronym for strategic lawsuit against public participation, coined by University of Colorado professors George Pring and Penelope Canaan.
The practice was to intimidate activists into silence by filing meritless lawsuits against them and hundreds of "doe" defendants for such torts as slander or intentional interference with business advantage.
The statute allows SLAPP defendants to move to strike the complaint early if the subject speech involves certain public discourse and the plaintiff cannot establish a probability of success on the merits.
www.civilliberties.org /spring98slapp.html   (360 words)

  
 Slapp Happy - Wikipedia, the free encyclopedia
Slapp Happy was a German/English avant-garde pop group consisting of Anthony Moore (keyboards), Peter Blegvad (guitar) and Dagmar Krause (vocals).
Moore had recorded two avant-garde/experimental solo LPs for Polydor Germany, but when they rejected his third because it was not commercial enough, he proposed a pop project with his girlfriend, Dagmar Krause from Hamburg, and a visiting American friend, Peter Blegvad.
The songs were simple, primitive pop, a "naive rock" as Peter Blegvad put it, and with Dagmar Krause's pure and innocent sounding voice, Slapp Happy's trademark sound was established.
en.wikipedia.org /wiki/Slapp_Happy   (1206 words)

  
 Pushing the SLAPP Envelope   (Site not responding. Last check: 2007-10-13)
SLAPP suits bully public-spirited citizens into silence by burying them in the bowels of the courthouse for an indefinite and expensive period of time.
He traces the problem to the use of the anti-SLAPP statute to immunize non-political speech in a 1996 case in which Scientologists sued a man in an effort to vacate a multimillion-dollar personal injury judgment he had won against them.
California's 2d District Court of Appeal reckoned that the Scientologist suit was a SLAPP and that protections apply to any act in the furtherance of the right of petition, regardless of subject matter.
www.holysmoke.org /sdhok/slapp.htm   (292 words)

  
 Survival Guide for SLAPP Victims
This chilling effect is not limited to the SLAPP defendants -- other people refrain from speaking out on issues of public concern because they fear being sued for what they say.
This means that the lawyer will be paid only if you either win the case and the court rules that the SLAPP filer must pay your attorneys' fees or you successfully bring a lawsuit against the SLAPP filer for damages suffered by you as a result of being the target of a SLAPP.
If you are sued as a result of expressive activity undertaken on behalf of a group, check on whether the group has insurance which may cover you, maintains a legal defense fund, or is willing to help defray legal costs by doing fundraising on your behalf.
www.casp.net /survival.html   (3210 words)

  
 SLAPP's in Australia - SourceWatch   (Site not responding. Last check: 2007-10-13)
The phenomenon of lawsuits known as SLAPP's (Strategic Litigation Against Public Participation) which threaten the community's rights and ability to participate in public debate and political protest appears to be alive and well in Australia and in New Zealand.
There are all sorts of definitions of SLAPP suits, but the fundamental issue is the chilling effect on free speech.
Thus, the primary definition used in compiling the list is that the cases have had, or could reasonably be assumed to have had a chilling effect on the rights and ability of people to participate in public debate and political protest.
www.sourcewatch.org /index.php?title=SLAPP's_in_Australia   (1361 words)

  
 SLAPP
A SLAPP suit is a law suit that seeks damages or a restraining order against someone, or a business, for exercising their First Amendment Rights.
These rights include: (1) free speech on a public issue, in a public forum; (2) complaints to a governmental agency; and/or (3) participation in a law suit.
Most SLAPP suits are filed as a means to intimidate a critic into silence.
www.mdmeagher.com /Pages/SLAPP.html   (346 words)

  
 wireless.itworld.com - Wi-Fi vendors get SLAPP-happy
Trapeze and Aruba's SLAPP proposal is a lightweight protocol to let different access points connect to other vendors' switches.
SLAPP only deals with the handshake between controller and access point, leaving the rest to individual vendors.
SLAPP has been proposed to this group by Aruba and Trapeze, with the limited aim of allowing APs and controllers to set up communications; the actual control signals carried across that communication will still be proprietary, and could be considered as extensions to SLAPP, similar to the multiple authentication protocols allowed by 802.1x.
wireless.itworld.com /4276/050405slapp/page_1.html   (1015 words)

  
 SLAPP Resource Center
The SRC is the pioneering national nonprofit center dedicated to preserving the constitutional right of citizens to petition and otherwise communicate their views to government under the First Amendment.
Despite this most fundamental right of democracy, individuals, organizations, and businesses are regularly sued for defamation and other alleged wrongs for speaking out on issues of public concern.
The SRC serves as a professional and academic resource on SLAPPs through its research, policy development, advice and extensive public education around the country.
www.slapps.org   (166 words)

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