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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As Anti-SLAPP Moves in Kansas, Federal Action Still Needed

From ZACH GRAVES at R Street:

The Kansas House of Representatives earlier this week passed the Enacting the Public Speech Protection Act (HB 2054) by a nearly unanimous 123-1 margin. If its overwhelming support in the House is any indication, the bill is on track to become the state’s first anti-SLAPP law, making Kansas the 30th state in the nation to pass a law to address abusive litigation aimed at thwarting free speech.

Read more here.

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Santa Monica Dispatch: Winograd Hires Director of Anti-SLAPP Project to Represent Her

Anti-SLAPP news out of California this week:

Animal Rights activist Marcy Winograd has hired Mark Goldowitz, Director of Anti-SLAPP Project, to represent her in a “Free Speech case” before California Court of Appeal.

A Los Angeles public school teacher and Santa Monica resident, Winograd will be represented by Goldowitz in Angel and Nester vs. Winograd.

In November, 2014, pony ride operators Tawni Angel and Jason Nester filed a defamation lawsuit against Winograd for her petition campaign to end what she allege is “animal cruelty at the Main Street Farmers Market in Santa Monica.” Winograd and nearly 2,000 petition signers object to what they describe as “a cramped petting zoo and pony ride in which ponies are tethered to metal bars and forced to circle barefoot in one direction on concrete for almost four hours each Sunday.”

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Here's One Thing Congress Can Do to Mess with Donald Trump

Why not take a ‘slap’ at Trump’s favorite legal tactic?

From Jason Linkins at Huffington Post:

According to reports, Republican legislators are having an uneasy time cottoning to the notion that real estate developer and white-supremacist cuddle muppet Donald Trump seems to be on the glide path to becoming their party’s standard-bearer.

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Amid candidacy, Trump faces questions over 'Trump University'

PPP Policy Director Evan Mascagni was quoted in a new article about an ongoing legal dispute involving Trump University:

SLAPP, Mascagni explained to Sinclair stands for Strategic Lawsuit Against Public Participation.

“It’s basically a lawsuit brought to silence a critic,” Mascagni explained. Opposed to going to court to seek justice, the person bringing the SLAPP attempts to drown the critic in legal fees.

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Free-market, pro-consumer groups support federal anti-SLAPP legislation

Yesterday, a coalition of free-market, pro-consumer groups sent a letter in support of the SPEAK FREE Act to members of the House Judiciary Committee.

Here’s a portion of that letter:

“On behalf of the undersigned free­-market organizations, we write to express our strong support for H.R. 2304, the SPEAK FREE Act, and urge you to move it swiftly through markup.

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Texas: 1.3 Million in Anti-SLAPP Sanctions

In what appears to be the highest award since Texas‘ anti-SLAPP law was enacted, “Plaintiffs in a “revenge porn” defamation lawsuit must pay $1.3 million in anti-SLAPP sanctions and attorneys’ fees and apologize for filing “baseless” claims in similar lawsuits to punish their critics, a Texas judge ruled.”

Read more about the case from Courthouse News Service here.

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