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stories filed under: "anti-slapp"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
anti-slapp, free speech, jim dolan, new york



Jim Dolan's Lawsuit Against Cityfile Highlights The Need For Stronger Anti-SLAPP Laws

from the silencing-dissent dept

The Citizen Media Law Project has yet another story of bogus lawsuits being used to silence something someone doesn't want written about them. In this case, it involved Jim Dolan, known (but not particularly liked) to New Yorkers as the owner of Cablevision, the Knicks and Madison Square Garden. More recently, Cablevision bought the newspaper Newsday -- so you might think that Dolan would be a little more aware of why it's bad to sue a news publication claiming defamation over a clearly speculative piece. And, yet, sue he did. Dolan sued the blog Cityfile for posting a piece about rumors that Dolan was considering getting rid of the famous "Christmas Spectacular" involving the Rockettes at Radio City Music Hall in New York. As Arthur Bright points out, the original post doesn't seem all that different than speculative articles published all the time in pretty much every media outlet.

Unfortunately, facing a protracted legal fight, Cityfile agreed to settle and "retract" the story. Bright notes that this is silly, and any decent lawyer should have been able to get the lawsuit tossed on First Amendment grounds. The problem is the time and resources needed to fight such a thing.

Bright then points out how this highlights the need for stronger anti-SLAPP laws in New York. Anti-SLAPP laws let people fight back against such bogus lawsuits, whose purpose is only to silence speech (SLAPP stands for Strategic Lawsuit Against Public Participation). The problem, however, is that right now anti-SLAPP laws are at the state level, and only a few states have really strong ones. New York is not one of them. While Bright says this is evidence of why NY should strengthen its anti-SLAPP laws, a better solution might be a strong federal anti-SLAPP law, that shows a strong support for freedom of speech, and helps prevent bogus lawsuits whose only purpose is to allow those with more money to silence speech they dislike.

12 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
anonymity, anti-slapp, comments, free speech



Court Dismisses Lawsuit Against No Longer Anonymous Commenter... After Commenter Was Revealed

from the oops dept

Last week, I had seen the news that a defamation lawsuit from an ex-Congressman in NY against an "anonymous" online critic had been dismissed as an anti-SLAPP violation. This is good news, and we really could use a national anti-SLAPP law that prevents the filing of bogus lawsuits designed to shut people up. However, Sam Bayard, over at the Citizen Media Law Project, digs into the details on this case, noting that an earlier judge had already revealed the anonymous commenter. The whole thing is pretty odd, but basically, it looks like the first judge relied on a lower bar in determining whether or not anonymity should be allowed -- claiming that no actual malice needed to be proved. However, when the revealed commenter filed an anti-SLAPP claim, the new judge had to take "actual malice" into account, and couldn't find any, thus tossing out the case. Still, it does seem like an odd, and vaguely troubling, result to find out that an anonymous commenter was unmasked... only to have the case thrown out on anti-SLAPP grounds at a later date. Just the fact that the guy was revealed may serve as disincentive for future critics to speak their minds.

9 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
anti-slapp, california, defamation, eff, patents, slapp

Companies:
eff, seer systems



Company Threatens EFF With Defamation In Response To EFF Trying To Bust Its Patent

from the slappity-slapp-slapp dept

Back in January, we noted that the EFF had scored another hit in its ongoing patent-busting project, getting the USPTO to re-examine a patent held by Seer Systems. It appears that Seer Systems doesn't much like being targeted by the EFF and decided to threaten the group with a defamation lawsuit over how it described Seer's actions. For example the EFF claimed that Seer was "threatening small companies" and Seer disputes the EFF's definition of small. That seems like pretty fine tooth nitpicking there, and hardly defamatory. It certainly feels like a threatened SLAPP, and (luckily) California has a pretty good anti-SLAPP law, which the EFF's attorney has suggested that Seer Systems acquaint itself with before moving forward with any lawsuits. Either way, it's fairly amazing that anyone would think it's a wise move to threaten the EFF with defamation based on something as weak as whether or not some startup is "small" or not.

17 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
anonymity, anti-slapp, california, slapp



California Looks To Strengthen Anti-SLAPP Laws; Protect Online Anonymity

from the good-for-them dept

We've covered various anti-SLAPP laws in the past. These are laws that protect people from bogus lawsuits that are merely designed to shut them up. SLAPP (Strategic Lawsuits Against Public Participation) are basically when a large corporation just files suit against someone knowing that the lawsuit alone will cause them problems, no matter how bogus the lawsuit is. Many states have created anti-SLAPP laws that let victims of SLAPP suits ask for them to be quickly dismissed. California has good anti-SLAPP laws, but they may get even stronger. While current California law lets those accused in SLAPP lawsuits to also get back attorneys fees, the law may now be extended to cover lawsuits filed outside of California against California residents. This should serve to help protect anonymity online as well as the ability to speak out against much larger entities. Hopefully, other states will follow suit as well.

9 Comments | Leave a Comment..

 
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