TX Case of First Impression Involves Fracking, Defamation Claims, and Anti-SLAPP Law

The Texas Supreme Court heard arguments Dec. 4 in a case of the first impression pitting Fort Worth-based natural gas drilling company Range Resources Corp. and its subsidiary against fracking opponents.

The companies allege the fracking opponents defamed them through statements and release of a video to the media showing a hose spewing water that was on fire. The fracking opponents sought to have the Range Resources plaintiffs’ defamation claims dismissed based on the Texas Citizen’s Participation Act, also know Texas’ anti-SLAPP (strategic lawsuits against public participation) statute.

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How anti-SLAPP laws protect free speech

When consumers review products or services online, they shouldn’t fear a virtual slap on the hand while they type. But that’s exactly what’s happening as a result of a handful of businesses who hide behind SLAPP (Strategic Lawsuits Against Public Participation) laws to silence public opinion when they don’t agree with it. Congress needs to act now to ensure that Americans are free to speak their minds.

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Mother Jones Wins Ridiculous SLAPP Suit Filed By Billionaire...Who Still Claims Victory

From  Mike Masnick with Techdirt:

"Mother Jones, the well-known, politically-focused publication, has prevailed in a ridiculous SLAPP suit filed by billionaire Frank VanderSloot. VanderSloot was upset about a 2012 profile that Mother Jones published about him, his multi-level marketing, dietary supplement company Melaleuca, and the millions of dollars he was donating to Mitt Romney’s presidential campaign. VanderSloot insisted that the article was defamatory, though you’ll have to squint really hard to figure out where and how.

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59 Legal Scholars Sign Letter Supporting SPEAK Free Act to Create Federal Anti-SLAPP Law!

Today, Eric Goldman, PPP Board Member and Director of the High Tech Law Institute and law professor at Santa Clara University School of Law, sent a letter to members of the House of Representatives expressing support for the SPEAK FREE Act.  Including Eric, 59 law professors and legal scholars from across the country signed on to this letter.  

You can read more and view the actual letter here.

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How California's anti-SLAPP law helped a nonprofit news site prevail in court

From Corey Hutchins with Columbia Journalism Review: 

"IN A CASE THAT HIGHLIGHTS both a point of potential vulnerability for many news startups and the significance of broad anti-SLAPP statutes, a California judge this week dismissed a lawsuit against inewsource.org, a nonprofit investigative newsroom in San Diego.

In the world of media lawsuits, this one was anything but ordinary. The suit had been brought in April by San Diegans for Open Government, a local nonprofit, and though it took aim at inewsource’s basic operating model, it didn’t go directly after the newsroom’s editorial output.

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U.S. needs an anti-SLAPP law like California's

It’s a sadly familiar sight in courthouses around the country: A deep-pocketed corporation, developer or government official files a lawsuit whose real purpose is to silence a critic, punish a whistleblower or win a commercial dispute. That’s why California enacted a law in 1992 to give people a preemptive legal strike against frivolous lawsuits that seek to muzzle them on public issues. This sort of safeguard doesn’t exist in almost two dozen other states or in federal law, unfortunately, but a group of tech-friendly lawmakers is trying to change that.

Read more from the LA Times here.

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SLO lawyer sues former client over online reviews

From Chris McGuinness at New Times:

"Was your dinner served cold or undercooked? Was the waitress rude? Did the mechanic who fixed your car overcharge you? These days, letting the whole world know about your dissatisfaction with a business is as easy as jumping on a laptop or smartphone and leaving a scathing review.

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PPP Joins 33 Other Organizations in Letter Urging Congress to Enact SPEAK Free Act

This morning, the Public Participation Project joined 33 other organizations in sending a letter to Chariman Goodlatte, Ranking Members Conyers, Chairman Franks, and Ranking Member Cohen in the House of Representatives, urging them to advance the bipartisan SPEAK FREE Act as swiftly as possible.

Here is a link to the letter and below is a list version of those organizations that signed on to the letter.

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Pa. Senate Passes Anti-SLAPP Measure

Law360, Philadelphia (July 1, 2015, 3:14 PM ET) — The Pennsylvania Senate threw its overwhelming support on Tuesday to legislation that would authorize monetary penalties for plaintiffs found to have filed so-called strategic lawsuits against public participation, or SLAPP suits, designed to stifle criticism against businesses and developers.

Sen. Larry Farnese, D-Philadelphia, said that the legislation he sponsored would not only require courts to quickly hold hearings to determine a potential SLAPP suit’s legitimacy but also allow targets of frivolous litigation to recover damages.

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Florida's broader anti-SLAPP law effective July 1, 2015

From Phelps Dunbar LLP at Lexology:

"Effective July 1, 2015, Florida will have broader prohibitions against SLAPP suits, or “strategic lawsuits against public participation.” Many states have enacted anti-SLAPP laws to prevent companies and government entities from filing frivolous lawsuits against their critics. For example, when a citizen or consumer posts a negative comment about a governmental program or a company’s services, the entity subject to the criticism may choose to file a defamation or infringement lawsuit against the individual who posted the comment. Such lawsuits have become more prevalent due to the popularity of websites geared towards consumer reviews, such as yelp.com."

Read more from Lexology here.

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