Comments on: Lawsuits to silence critics bulldoze the First Amendment https://www.overlawyered.com/2009/09/lawsuits-to-silence-critics-bulldoze-the-first-amendment/ Chronicling the high cost of our legal system Tue, 01 Sep 2009 18:59:51 +0000 hourly 1 By: Max Kennerly https://www.overlawyered.com/2009/09/lawsuits-to-silence-critics-bulldoze-the-first-amendment/comment-page-1/#comment-71164 Tue, 01 Sep 2009 18:59:51 +0000 http://overlawyered.com/?p=13414#comment-71164 Perhaps then you could comment on whether Encounter Books has media liability insurance, and whether it expects authors to shoulder by themselves the “steep costs of litigation” to which George Will refers.

On its face, the lawsuit sounds like baloney (particularly the request for an injunction), but I don’t know the facts, and apparently the allegations are infused with enough law to defeat immediate dismissal, despite Will’s non-legal interpretation of the same.

I don’t doubt Encounter Books has defense and indemnity insurance, and don’t doubt that Carla Main has yet to pay a single penny for her defense. Which is how it should be. If Will wants to advocate for, say, SLAPP laws, then he should do that — it does no good for him to invent burdens he knows don’t really exist.

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