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Topic: Strategic lawsuit against public participation


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In the News (Wed 9 Dec 09)

  
  Strategic Lawsuits Against Public Participation, SLAPPs
According to the writ against them, they had forwarded letters to the council promoting rezoning; printed and arranged for about 1085 people to sign copies of letters promoting the rezoning which they delivered to council; and written articles in favour of the rezoning which were subsequently published.
After he was threatened with a lawsuit from the city council for $1.3 million he thought he was going to loose everything and ended up in hospital as a result of the stress.
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.
www.uow.edu.au /arts/sts/sbeder/SLAPPS.html   (4703 words)

  
  FAP - Anti-SLAPP
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.
A "malicious prosecution" is a criminal or civil lawsuit which is begun with knowledge that the case lacks merit, and which is brought for a reason (e.g., to harass or annoy) other than to seek a judicial determination of the claim.
www.thefirstamendment.org /antislappresourcecenter.html   (4787 words)

  
 firstamendmentcenter.org: Petition Topic
In a representative democracy, public participation is the cornerstone of the system; it is a bedrock principle that connects government to the governed.
Public participation — i.e., petitioning —; ranges from the sublime to the messy, but it is authorized and encouraged by procedures and forms at every level of every branch of our government.
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   (1298 words)

  
 Morse Brothers v. Webster, corrected 6-26-01
"SLAPP plaintiffs do not intend to win their suits; rather they are filed solely for delay and distraction, and to punish activists by imposing litigation costs on them for exercising their constitutional right to speak and petition the government for redress of grievances." Dixon v.
When a moving party asserts that the civil claims, counterclaims or cross claims against the moving party are based on the moving party's exercise of the moving party's right of petition under the Constitution of the United States or the Constitution of Maine, the moving party may bring a special motion to dismiss.
The court shall grant the special motion, unless the party against whom the special motion is made shows that the moving party's exercise of its right of petition was devoid of any reasonable factual support or any arguable basis in law and that the moving party's acts caused actual injury to the responding party.
www.courts.state.me.us /opinions/documents/01me70Am.htm   (2613 words)

  
 Visa Lawsuit   (Site not responding. Last check: )
However, it may involve public law issues in those jurisdictions that enable the government to be treated as if it were a private party in a lawsuit (as plaintiff or defendant regarding an injury), or that provide the government with a civil cause of action to enforce certain laws rather than criminal prosecution.
It is mentioned briefly in lawsuit (''Some countries, especially the USA suffer from a very large number of lawsuits per capita per year, while people in many other cultures (most notably Japan) tend to avoid bringing their disputes to the courthouse'') but I'm sure there must be more to be said.
A strategic lawsuit against public participation ("SLAPP") is a form of litigation filed by a large corporation 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.
www.wwwtln.com /finance/195/visa-lawsuit.html   (1263 words)

  
 Operation Clambake Present: Scientology Court Files
The aim is not to win the lawsuit but to detract the defendant from his or her objective, which is adverse to the plaintiff.
The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process.
Thus, because of the possibility of punitive damages, a SLAPP suit in tort poses the greatest threat to the exercise of constitutional rights; therefore, it was against these tort suits that the legislature directed its statutory remedy." Once again the Church's construction of the legislative intent behind section 425.16 is too restrictive.
www.xenu.net /archive/CourtFiles/occf10.html   (8833 words)

  
 SLAPP Happy: Corporations That Sue to Shut You Up | Center for Media and Democracy
Such lawsuits are known in lawyer lingo as "SLAPP suits," an acronym for "strategic lawsuits against public participation."
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   (2156 words)

  
 ipedia.com: Strategic lawsuit against public participation Article   (Site not responding. Last check: )
Strategic lawsuits against public participation, refers to litigation filed by a large corporation to silence a less powerful critic by so burdening them with the cost of a legal defense that they aba...
Strategic lawsuits against public participation, (SLAPP) refers to litigation filed by a large corporation to silence a less powerful critic by so burdening them with the cost of a legal defense that they abandon their criticism.
Critics of Scientology claim that the organization regularly files SLAPP lawsuits against its opponents, and that the practice was written into Scientology "scripture" by L.
www.ipedia.com /strategic_lawsuit_against_public_participation.html   (185 words)

  
 Paul v. Friedman
Paul then filed this lawsuit against Friedman and his clients, asserting causes of action for intentional infliction of emotional distress, libel and slander,[FOOTNOTE 3] invasion of privacy, tortious interference with economic relationships, malicious prosecution, and breach of a confidentiality agreement.
A lawsuit seeking redress for a harassing investigation of topics unrelated to those under consideration in an official proceeding is not the type of "abuse of the judicial process" that the Legislature sought to prevent when it enacted the anti-SLAPP statute.
Rather, it is limited to exposing and dismissing SLAPP suits - lawsuits ' brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances' ' in connection with a public issue.' (§ 425.16, subds.
www.law.com /regionals/ca/opinions/jan/b142814.shtml   (5503 words)

  
 F.A.C.T.S. - S.L.A.P.P. Notice! - S.L.A.P.P. - STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION; A S.L.A.P.P. suit is a ...
S.L.A.P.P. suit is a type of threatened or actual legal action(s) which big corporations, and other powerful entities use, to keep the voices of the little people that speak out against them silent.
The one and only purpose of a S.L.A.P.P., is to intimidate and silence through legal threats and maneuverings, the right of an individual, or group of individuals, to have and use their constitutionally guaranteed Freedom of Speech.
These S.L.A.P.P. suits can be extremely expensive, time consuming, and mentally draining on the part of someone that gets served with one of these dirty legal tools.
www.geocities.com /ensey_in_2000/slapp01.html   (475 words)

  
 SLAPP AHS! Lawsuit Information Site - Oral Arguments
Greenblatt stated that they felt their case against Barbara and I was stronger because we supposedly knew our statements were false, or we made our statements with reckless disregard for whether they were true or false, whereas WSB could state that they knew only what their sources told them.
Sullivan held that a public official may not recover damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with “actual malice”—that is, with knowledge that it was false or with reckless disregard of whether it was false or not.
It is a public actor for purposes of its management of Fulton County Animal Control because it has administered the essential public governmental functions relating to animal control under a contract with Fulton County for more than twenty years.
www.kittyvillage.org /SLAPP_AHS/appeal.asp   (1982 words)

  
 Briggs v. ECHO (Part 3)
Accordingly, under the anti-SLAPP statutory scheme, "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike.
To summarize, "while SLAPP suits 'masquerade as ordinary lawsuits' the conceptual features which reveal them as SLAPP's are that they are generally meritless suits brought by large private interests to deter common citizens from exercising their political or legal rights or to punish them for doing so.
It would be an exercise in futility to attempt to quantify all possible examples of lawsuits based on actionable oral statements or writings which, under the majority's construction of subdivision (e)(1) and (2), will automatically qualify as retaliatory SLAPP suits as a matter of law.
www.casp.net /echo-3.html   (2329 words)

  
 Maxxam/PL's 4th SLAPP Suit & Cross-Complaint : SF Indymedia   (Site not responding. Last check: )
The Third SLAPP Maxxam/PL filed against activists was from a lockdown incident in the summer of 2002 at Maxxam/PL's corporate headquarters in Scotia.
The rumor is that that lawsuit is expected to go to trial in April of 2003.
Apparently the lawsuits have had the opposit effect of deterring people, as it appears activist continue the resistance.
sf.indymedia.org /mail.php?id=1566830   (350 words)

  
 114 Cal   (Site not responding. Last check: )
After she answered the complaint, Rosenthal filed a special motion to strike the complaint as to her, claiming it was a "strategic lawsuit against public participation" under section 425.16.
Under the common law, those who publicize another's libel may be treated in one of three ways: as primary publishers (such [***22] as book or newspaper publishers); as conduits (such as a telephone company); or as distributors (such as a book store, library, or news dealer).
Focusing solely on section 577 of the Restatement (Second) of Torts ["Publication of defamatory matter is its communication intentionally or by a negligent act to one other than the person defamed"], the court ignored the complementary common law rule described in section 581(1) of the Restatement, which is that "one who...
www.ebutik.com /cyberlaw/Barret.htm   (6086 words)

  
 [No title]
Barrett and Polevoy as "quacks."    After she answered the complaint, Rosenthal filed a special motion to strike the complaint as to her, claiming it was a "strategic lawsuit against public participation" under section 425.16.
Furthermore, if the defamation relates to a public figure or matter of public concern, as will often be the case, the intermediary would also have to be shown to have acted with actual malice, which is usually extremely difficult.
At the other extreme, where defamation is claimed by a public official and relates to a matter of public concern, the constitution places on the plaintiff the burden of showing both falsity and fault, which are forbidding requirements.
www.nyls.edu /docs/Barrett.txt   (9953 words)

  
 CFAC: California First Amendment Coalition
With respect to all but one of the publications attributed to Rosenthal, the trial court finding that appellants failed to establish a probability they will prevail rested on the conclusion that the statements contained therein could not reasonably be interpreted as stating actual facts, and thus could not support any of appellants' claims for libel.
Under the common law, those who publicize another's libel may be treated in one of three ways: as primary publishers (such as book or newspaper publishers); as conduits (such as a telephone company); or as distributors (such as a book store, library, or news dealer).
Under the present regime, the burdens that must be borne by a plaintiff claiming defamation depend upon whether he or she is a public official or public figure and whether the speech at issue relates to a matter of private or public concern.
www.cfac.org /CaseLaw/Cases/barrett_v_rosenthal.html   (10529 words)

  
 California Anti-SLAPP Project
Includes links to a Survival Guide for SLAPP Victims, Where to Find Help (Organizations), a bibliography on SLAPPs, and a questionnaire for reporting SLAPPS in California.
Text of statutes and cases regarding SLAPPs and sample litigation documents relating to the special motion to strike under the state's anti-SLAPP statute.
The California Anti-SLAPP Project (CASP) is a public interest law firm and policy organization dedicated to protecting the rights of Californians to participate in government and civic affairs and to speak freely about public issues.
www.casp.net   (442 words)

  
 SAA Bulletin 16(1): SLAPP and the Historic Preservationists
Recognizing that public participation is essential to a democracy, 10 states, including New York, have passed laws against SLAPPs.
Its stated purpose is to protect citizens' rights to petition the government and to speak on public issues without being faced with a retaliatory lawsuit--that is, a strategic lawsuit against public participation.
I survived the SLAPP and beat the opposition by filing such a motion, which forced the plaintiff into settlement of the lawsuit.
www.saa.org /publications/saabulletin/16-1/SAA21.html   (1796 words)

  
 Chapter Four: How to Defend Yourself Against a SLAPP Suit   (Site not responding. Last check: )
Companies, real estate developers, and even government agencies who are being scrutinized by the public will initiate a lawsuit against a private citizen in order to scare other citizens from speaking out against a particular entity.
SLAPPs are not intended to be successful; their main purpose is to tie up a citizen or organization in court and prevent further public participation on a public issue.
If you are planning on making public announcements or are unsure if what you say will trigger a lawsuit, you may want to consult an attorney for legal advice on what you can and can't say.
www.legalaidnc.org /programs/eplp/handbook/legal/slapp.htm   (475 words)

  
 Progressive, The: A stand for a stand. suits - danger of Strategic Lawsuit Against Public Participation SLAPP - Column
A SLAPP is a Strategic Lawsuit Against Public Participation; such suits usually lose, but they tie up activists' time and money in court proceedings.
The process-server informed us that we were being sued by Huffman & Wright Logging, the owner of the yarder, for $50,000 in punitive damages for chaining ourselves to their equipment.
The SLAPP trial was held in Roseburg, Oregon, a timber-dependent town.
www.findarticles.com /p/articles/mi_m1295/is_n3_v58/ai_14874586   (1096 words)

  
 Judge dismisses suit against Richmond village trustees
On June 30, 2004, Judge Caldwell dismissed the lawsuit against Richmond Trustees Daniel Deters and Charles Schultz.
This type of lawsuit is unlawful in many states and a bill was introduced in 2003 to the Illinois legislature to make it unlawful in this state as well.
The lawsuit against Richmond Schultz and Deters was initiated by Tamarack Development LLC and Tamarack Farms LLC, in July, 2003.
www.mchenryonline.com /westosha/dismiss.shtml   (630 words)

  
 Terrain =v= Strategic Lawsuit Apropos of Polluted Parking   (Site not responding. Last check: )
We've all seen the Proposition 65 signs, on institutions ranging from liquor stores to service stations, warning the public of possible exposure to substances "known to the state of California" to be hazardous.
The lawsuit contends that by monitoring the air quality inside the garages, Mateel was trespassing and engaging in unfair business practices, since access to the garages is permitted "for the express purpose of parking."
The premise upon which the lawsuit rests could have a chilling effect on not only the monitoring of exposure to hazardous substances and conditions, but also on things such as consumer efforts to make an informed decision.
www.things.org /~jym/terrain/slapp.html   (251 words)

  
 THE SULLIVAN PRINCIPLES: PROTECTING THE SECOND AMENDMENT FROM CIVIL ABUSE
Suits against gun makers because of what a criminal did with a gun are equivalent to suits against printing press and word processing software manufacturers because of what a libeling reporter did with a word processor and a printing press.
In one respect, suits against gun manufacturers have already proceeded far beyond the point for which lawsuits against newspapers were deemed to have infringed on Constitutional territory.
prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with "actual malice"--that is, with knowledge that it was false or with reckless disregard of whether it was false or not.
www.guncite.com /journals/kgcivila.html   (14608 words)

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