More companies SLAPPing people for speaking out online

[Joanne98]

An increasing number of companies have trotted out an old tactic to deal with people who blast them online--the SLAPP suit.

The label has traditionally referred to meritless defamation suits filed by businesses or government officials against citizens who speak out against them. The plaintiffs are not necessarily expecting to succeed — most do not — but rather to intimidate critics who are inclined to back down when confronted with the prospect of a long, expensive court battle.

In response, Steve Cohen and Charlie Gonzalez have drafted a federal anti-SLAPP law. The law, the Citizen Participation Act, would allow anyone who believes he's the victim of a SLAPP to have the case thrown out and make the plaintiff pay his legal fees. The latter part is critical--one First Amendment lawyer says the legal expenses of defending a SLAPP can wipe out the average person. It would also extend anti-SLAPP protection to the 23 states who don't have an anti-SLAPP law on the books.

Christian Dem in NC's diary :: ::
A textbook example of the new kind of SLAPP is underway now in Michigan. Justin Kurtz, a student at Western Michigan University, had his car towed and created a Facebook group criticizing the towing company. The company sued, claiming the page was hurting its business and damaging its reputation. Never mind that the company has an unsatisfactory rating with the local Better Business Bureau--which is by itself a kiss of death.

This new law might do something to combat a new twist on stifling online complaints--using copyright law.

http://www.dailykos.com/storyonly/2010/5/31/871593/-More-companies-SLAPPing-people-for-speaking-out-online