Wednesday, December 26, 2007

Getting Sued for Speaking Out!!


The corporate technique of suing individuals into silence and submission has become so popular that it even carries its own cute nickname in legal circles. Such lawsuits are known in lawyer lingo as "SLAPP suits," an acronym for "strategic lawsuits against public participation." SLAPP suits achieve their objectives by forcing defendants to spend huge amounts of time and money defending themselves in court. Corporations who file SLAPPs rarely win in court yet often 'win' in the real world, achieving their political agendas by silencing public discourse and dissent. SLAPP targets who fight back seldom lose in court yet are frequently devastated and depoliticized, which in effect discourages others from speaking out--'chilled' in the parlance of First Amendment commentary.
Several residents of Kendall County have experienced (and are experiencing) this disgusting abuse of our legal system. However, residents of this county should be encouraged by a recent ruling in the Kendall County Court at Law. In a Summary Judgment, Judge Palmer ruled in favor of Kendall County residents who had be subjected to this unjust practice. This ruling should serve as an shining example to all Kendall County residents that their first amendment rights are protected, and these intimidation lawsuits will NOT prevail here.
Citizens of Kendall County, do not let anyone intimidate you, execercize you rights to free speech!

1 comment:

Anonymous said...

There were two bills introduced in the Texas legislature last year to stop this assault on our first amendment rights. Unfortunately neither made it to the floor for a vote. Let your senator and representative know you support this desperately needed legislation:

HB 1089 Raymond – Frivolous Law Suits
Creates statutory burden of proof to reign in SLAPP suits by requiring specific showings for court to determine if complaint was made in good or bad faith and specific elements that must be shown for damages arising from complaint. Good faith complainants are provided protections under the bill.
Public hearing held.
Passed out of committee but never went to a vote by the full House.

HB 1130 Leibowitz – Frivolous Law Suits
Protects citizens who file complaints with governmental agencies from SLAPP suits claiming complaint is libel or slander by requiring specific showings of damage and complaint having been made in bad faith; generally protects complainants.

Public hearing held.
Left pending in committee.