Posts tagged Federal Anti-SLAPP Legislation
Why decisions in DC illustrate the need for a federal anti-SLAPP law (Part 2)

In the second post of a three-part series from guest contributor Leslie Paul Machado, Chair of LeClairRyan's Media, Internet and E-commerce Industry Team, Mr. Machado discusses the D.C. Circuit's decision on whether the D.C. anti-SLAPP statute can be used in federal diversity cases.

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Bill Outlawing "Gag Clauses" That Punish Customers for Writing Negative Reviews Goes to the President

After more than a year of waiting, Congress has finally okayed a piece of legislation that, if signed by the president, will stop companies from using so-called “non-disparagement” or “gag” clauses to prevent or discourage customers from writing honest reviews.

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Why we need federal anti-SLAPP

From Sasha Moss at R Street: Donald Trump has promised that if he becomes president, he’s going to “open up those libel laws so when The New York Times writes a hit piece we can sue them and win money.” To date, he’s already filed six libel suits. Highlights include his recent suit against Timothy O’Brien, author of “Trump Nation,” for asserting his net worth isn’t as high as Trump claimed it is, and toward comedian Bill Maher, who requested Trump prove he’s not the “spawn of an orangutan.”

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Trump, Bill Maher and Miss Pennsylvania: The 'I'll Sue You' Effect

PPP Policy Director Evan Mascagni was recently quoted in a USA Today article about Donald Trump and SLAPPs:

Trump isn’t alone in trying to “hijack the judicial system” to silence critics, said Evan Mascagni, policy director at the Public Participation Project, an advocacy group lobbying for a federal anti-SLAPP law.

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SPEAK FREE Act Hearing Review


Since the introduction of the SPEAK FREE Act of 2015 in May, momentum has been building to enact this important legislation.  The bill now has more than 30 co-sponsors in the House and there was a hearing in the House Judiciary Committee on June 22, 2016.  You can view that hearing here.

Here is just some of the coverage that the Speak Free Act has been receiving:

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Online Speech Backers' Newest Fear: Trump

PPP Policy Director Evan Mascagni was recently quoted in a Politico article about SLAPPs and Donald Trump:

Trump’s litigiousness has extended into the presidential campaign. In November, following reports of a $2.5 million pro-Kasich super PAC investment in anti-Trump ads, Trump tweeted: “I will sue him just for fun!

In some cases, he has openly acknowledged that going to court is less about seeking justice and more about joyfully punishing enemies.

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It Might Get Harder for Someone to Silence You with a Lawsuit

A substantial bipartisan effort is underway to enact anti-SLAPP protections.

By Michael Arria / AlterNet

May 18, 2016

Currently 28 states have some kind of anti-SLAPP statutory protection. SLAPP stands for Strategic Lawsuits Against Public Participation, which refers to litigation intended to silence critics by sticking them with the need for an exorbitant legal defense.

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Recent Supreme Court Cert Denial Highlights Need for Passage of Federal Anti-SLAPP Statute

PPP Board Member Laura Prather recently published a piece for Lexology about the need for federal anti-SLAPP legislation:

“Strategic Lawsuits Against Public Participation (otherwise known as “SLAPP” suits) are more prevalent than ever given the ease of communication and multitude of platforms available for getting messages out. They are gaining even more notoriety in the presidential election since candidate Donald Trump vowed to “open up” the current libel laws to further protect him from facing public criticism.

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Getting SLAPP'd for getting involved: New protections considered

PPP Policy Director Evan Mascagni was recently quoted in an article about SLAPPs and the SPEAK FREE Act by Gene Policinski:

The proposed law would allow defendants to transfer lawsuits from state to federal courts, particularly valuable in 22 states that do not have an anti-SLAPP law or in those with weak protection. Farenthold said the law also will provide a means in federal court to quickly resolve a SLAPP lawsuit “before the legal fees run up.”

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