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SLAPPED for Speaking Out?
In recent years, disputes between parties with differing views on issues of public concern have spilled into the court system with increasing frequency. The term “SLAPP” (or “Strategic Lawsuit Against Public Participation”) was coined to refer to lawsuits brought against private individuals or organizations who, through speech, petition or other expressive conduct, seek to influence the actions or decisions of a public official or body.
SLAPPs come in many sizes and shapes. They can be brought by private individuals, government officials and corporations. They target individuals, community activists, corporations, associations and members of the media. They frequently include claims of defamation, invasion of privacy, interference with contract and other theories. They can be based on activities such as writing a letter to the editor of a newspaper, testifying before a state legislature or local city council, reporting official misconduct, circulating a petition, posting a blog or many other actions. But they all have one thing in common: At least in the eyes of the defendants, they are brought to distract the defendants from the issues at hand and to discourage them and others from speaking out. They do so by forcing the defendants to defend a court case against them, a potentially expensive proposition for those defendants who can afford counsel to represent them and a daunting task for those who cannot. And even if the lawsuit is ultimately found to be factually or legally baseless, under the American legal system, prevailing defendants can rarely recoup their fees and expenses from the party who sues them.
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