PPP Board Member Eric Goldman writes about a case in which a law firm brought a defamation claim against an attorney for his post on his own law firm’s blog. Though the blogging lawyer tried to use the Illinois anti-SLAPP statute to dismiss the case, the statute did not apply.
Read MoreBoard Member Jeremy Rosen co-authored an article on Law360 about California's anti-SLAPP law and legal malpractice. They write:
California’s anti-SLAPP law provides “an efficient procedural mechanism to obtain an early and inexpensive dismissal of nonmeritorious claims ‘arising from any act’ of a defendant ‘in furtherance of the person’s right of petition or free speech under the United States or California Constitution in connection with a public issue.’” (Brenton v. Metabolife International Inc. (2004) 116 Cal.App.4th 679, 684.) But this law “is a complex statute” that has “spawned a ‘plethora of appellate litigation.’” (Burke, Anti-SLAPP Litigation (The Rutter Group 2016) § 2.1, p. 2-5.)
Among the issues that have generated the most litigation is whether the anti-SLAPP statute applies to claims alleging legal malpractice or similar breaches of an attorney’s legal or ethical obligations.
A company sued a Harvard researcher, claiming his studies cost the company millions of dollars in revenue. The company first tried to bring the lawsuit in Georgia, but later refiled the suit in federal court in Massachusetts, and there, the jury ruled in the researcher’s favor.
Read MoreFrom Mike Masnick at Techdirt: For many, many years we’ve talked about the importance of strong anti-SLAPP laws. In case you’re new to the subject, SLAPP stands for a Strategic Lawsuit Against Public Participation. In short, SLAPP suits are lawsuits where it is fairly obvious that the intent of the lawsuits is to stifle free speech, rather than for a legitimate purpose under the law...
Read MorePPP Policy Director Evan Mascagni published an op-ed in today’s Richmond Times-Dispatch advocating for anti-SLAPP legislation in Virginia:
“Perhaps no person in the history of American politics has framed the importance of advocating for individual liberties better than Thomas Paine, one of our nation’s Founding Fathers..
Read MoreThe North American Olive Oil Association filed a lawsuit on Tuesday in Fulton County Superior Court in Atlanta against Dr. Mehmet Oz, claiming that the TV personality made disparaging statements about the quality and purity of its members’ products on his talk show...
Read MoreThe 9th U.S. Circuit Court of Appeals dismissed a Portland man's defamation lawsuit against a woman who accused him of sexual assault. The panel ruled that Oregon's anti-SLAPP law applied, and the man did not meet a minimum burden of proof for his allegations.
Read MoreThe Wisconsin Court of Appeals ruled in an unpublished per curiam opinion that Fox News commenters did not defame a Wisconsin firefighter.
Read MorePresident Obama signed a number of bills into law on Thursday, most notably H.R. 5111, the “Consumer Review Fairness Act of 2016”. The legislation, which passed both houses of congress at the start of December, “makes certain clauses of a form contract void if it prohibits, or restricts, an individual from engaging in a review of a seller’s goods, services, or conduct.”
Read MoreGeorgia’s legislature revised the state’s anti-SLAPP statute, extending coverage to “[a]ny written or oral statement or writing or petition made in a place open to the public or a public forum in connection with an issue of public interest or concern” and “[a]ny . . . conduct in furtherance of the exercise of the constitutional right of petition or free speech in connection with a public issue or an issue of public concern.”
Read MoreA judge sided with a student who was sued for leaving a negative review of a law firm online, dismissing the defamation lawsuit and ordering the firm to pay her $26,831.55 in legal fees. The student’s lawyer successfully petitioned the court to have the lawsuit dismissed as a violation of Texas’s law against Strategic Lawsuits Against Public Participation (SLAPP).
Read MoreAs part of PPP's efforts to track President Trump and the first amendment, here are several recent articles reviewing the issues:
Read MoreAfter 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.
Read MoreAmericans recently made their voices heard by electing a new president and Congress. Whether your candidate was elected or not, open, free and transparent elections are what make our democratic system function so smoothly. Another core principle of our democracy is the freedom to express an opinion without the threat of retaliation.
Read MoreFrom 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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