How a Proposed First Amendment Law Would Protect Survivors of Domestic Violence and Sexual Assault in Ohio
Commentary: Safeguarding free speech in New York still just a vision
PPP Policy Director Evan Mascagni published an Op-Ed in Ohio that ran in several newspapers across the state advocating for anti-SLAPP legislation in Ohio:
Immediately following a report by the New York Times that he allegedly sexually assaulted numerous women throughout his career, Harvey Weinstein threatened to sue the Times for defamation.
For First Amendment legal scholars, this comes as no surprise. There’s a long history of powerful bullies attempting to use the legal system to silence their critics.
Massachusetts: PPP Supports H2263 and S756
PPP Policy Director Evan Mascagni published an Op-Ed in the Albany Times Union advocating for stronger anti-SLAPP legislation in New York:
"New York is often regarded as the media capital of the world, but in our state, opinions expressed through traditional media outlets, blogs, social media and consumer review websites are not always protected from those who disagree with them."
Facebook prevails in anti-SLAPP appeal
This morning, the Public Participation Project submitted the below letter to the Massachusetts’ Judicial Committee in support of H2263 and S756, an anti-SLAPP bill currently before the Massachusetts House and Senate.
Competitive Enterprise Institute Appeal Dismissed By Court
The Northern California Record reports:
"A San Mateo County Superior Court ruled in favor of social media giant Facebook in an appeal brought against the company's anti-strategic lawsuit against public participation (anti-SLAPP) motion as well as to strike the original complaint and award the company its attorney’s fees for the appeal."
Litigator of the Week: The King of Texas' Animal Anti-SLAPP Kingdom
The Competitive Enterprise Institute's appeal of their anti-SLAPP motion has been dismissed. Read LeClairRyan's summary of the saga on Lexology here.
ACLU's Amicus Brief on Behalf of John Oliver
Texas Laywer's Litigator of the week is defense laywer Adam Milasincic, who has used Texas' anti-SLAPP Statute twice this year to defend his clients for speaking out about an animal rights issue. Read more here.
California's Ninth Circuit: Anti-SLAPP motion not a defense for contract claims
The ACLU filed an amicus brief supporting John Oliver, whose TV segment comparing coal executive Robert Murray to Dr. Evil led to a defamation suit from Murray and his companies. LawNewz calls it the "Snarkiest Legal Brief Ever." Read more here.
Techdirt: California's Anti-SLAPP Law Saves Another News Publication From Bogus Lawsuit
Sarah Bro with the National Law Review writes:
"In an action involving the popular film series The Purge, the US Court of Appeals for the Ninth Circuit affirmed a district court denial of the defendants’ anti-SLAPP motion, holding that the plaintiff’s breach of implied-in-fact contract claim under state law did not arise from protected free speech activity."
Connecticut Lawmakers Drop Anti-SLAPP, Libel Tourism Bills On The Governor's Desk
Mike Masnick at Techdirt reminds us of the need for strong anti-SLAPP laws. "They help get rid of frivolous, censorious cases quickly, and they make the plaintiff pay the legal fees of the defendant (which also helps to deter other such frivolous cases)."
Frivolous Defamation Suits vs. Online Reviews – Gagged by the Law(yers)?
Tim Cushing at Techdirt offers an analysis of CT's new anti-SLAPP law, which was recently unanimously passed by legislators and is headed to the governor's desk.
Truthout: Trump's Threat to Libel Law: How the President Seeks to Silence Critics
PPP Board Member and Santa Clara Law Professor Eric Goldman recently participated in a panel on Capitol Hill with the Congressional Internet Caucus Advisory Committee called "Frivolous Defamation Suits vs. Online Reviews – Gagged by the Law(yers)?".
CASP: California Supreme Court Reins in Abuse of Anti-SLAPP Law
PPP Policy Director Evan Mascagni was recently quoted in a Truthout article about Donald Trump's threat to libel law.
PA Senate passes anti-SLAPP legislation
PPP Board President Mark Goldowitz recently blogged about a new California Supreme Court decision that reins in abuse of the anti-SLAPP law by government entities.
How Should a Lawyer Respond to a Yelp Review Calling Him “Worst. Ever.”?–Spencer v. Glover
The Pennsylvania Senate passed state anti-SLAPP legislation by a vote of 42-8 on April 25, 2017. “I am grateful for the bipartisan support for this important legislation,” prime sponsor Sen. Larry Farnese (D-Philadelphia) said. “As a lawyer, I will be the first to admit that in many circumstances, lawsuits are necessary. But we must take action to prevent litigation that only exists to harass and intimidate.”
PPP Board Member Professor Eric Goldman recently posted on his Technology & Marketing Law Blog about a case out of Utah dealing with a Yelp review of an attorney there.