At Cato at Liberty, I recall a couple of the tycoon’s ventures into the use of defamation litigation to intimidate critics — Reason #1,001 for thoughtful voters to stay well away from him.
P.S. And here’s Radley Balko with Reason #1,002.
Posts Tagged ‘libel slander and defamation’
Texas considers strong measures against lawsuits intimidating speech
The First Amendment notwithstanding, wealthy and powerful litigants in this country often exercise the tactical power “to bully those who publicly criticize them into silence by filing frivolous lawsuits that the critics can’t afford to litigate,” with defamation lawsuits being a particularly favored means of such bullying. The majority of states have moved to enact “anti-SLAPP” laws aimed at curtailing this tactical exercise through the application of sanctions or otherwise, but such laws are often quite weak, sometimes applying only, for example, to speech aimed at petitioning the government on public matters. Now Texas lawmakers are considering what would be one of the nation’s strongest laws, protecting “communication made in connection with a matter of public concern” and including statements made in non-public forums, such as emails. The website SLAPPED in Texas has compiled a list of speech-chilling lawsuits in the Lone Star State, including the oft-criticized suit by a real estate developer against author and eminent domain critic Carla Main. [Arthur Bright/Citizen Media Law, Paul Alan Levy/CL&P]
April 19 roundup
- Environmental milestone? “Bolivia is set to pass the world’s first laws granting all nature equal rights to humans.” [JoNova via Coyote]
- Add another to the list of judges who file suits over critical discussion of their rulings, in this case by the losing party, a newspaper [ABA Journal]
- “Obama on presidential signing statements then … and now” [Bainbridge, Outside the Beltway]
- “The never-ending stream of futile petitions suggests that habeas corpus is a wasteful nuisance.” [Joseph Hoffmann and Nancy King, NYT, via Lat, Frank] A different view: Scott Greenfield, The Briefcase.
- Global warming suits “a misuse of the judiciary branch” [Laurence Tribe, Boston Globe via WLF]
- Competing for the HuffPo reader? On link between chemical exposures and cancer, Salon.com perpetrates “utter nonsense” [Orac, Respectful Insolence]
- Iqbal/Twombly: “Reports of pleading’s demise may have been exaggerated” [Wasserman, Prawfs]
April 11 roundup
- “Teacher threatens student with defamation suit for complaining about her grades” [Bassett, Calif.; San Gabriel Valley Tribune via TortsProf]
- Rolls-Royce case: “Judge Posner Provides Preview of Wal-Mart v. Dukes Ruling?” [Trask]
- But note Davidoff comments: “Plaintiffs Lawyers Eyeing Marcellus Shale Work” [Legal Intelligencer]
- Massachusetts: for its 85-year-old administrator, is an anti-poverty empire forever? [Lawrence Eagle-Tribune via Zincavage]
- Senate Judiciary advances Rhode Island nominee Jack McConnell by 11-7 vote [PoL, earlier]
- Bonuses for arrests? Way to disgrace a law enforcement system [Greenfield, related]
- “Insulting Your Boss Online Is Now Protected Speech” [AtL, earlier]
- Treasury’s Do Not Shop list [five years ago on Overlawyered]
Libel reform in Britain, finally?
At long last it may be moving forward [Arthur Bright, Citizen Media Law] More: Alison Young.
April 4 roundup
- Verbal fireworks from Judge Kozinski in Ninth Circuit “stolen valor” case [Above the Law]
- Measure of artificially contrived scarcity: “NYC Taxi Medallions Approach $1 Million.” Would officials in Washington, D.C. really consider introducing such a destructive system? [Perry, more]
- Workers’ comp OK’d in case where simulated chicken head blamed for subsequent emotional disability [Lowering the Bar]
- “NBA referee sues sports writer over tweet” [Siouxsie Law] “Lessons from Dan Snyder’s Libel Suit” [Paul Alan Levy/CL&P, earlier]
- Litigation rates similar for poor and good nursing homes, researchers find [US News] Effects of medical liability reform in Texas [White Coat, scroll] New York’s Cuomo caves on medical liability plan [Heritage] Sued if you do, sued if you don’t in the emergency room [same]
- “Federal Government Wants to Bully School Bullies, and Demands School Help” [Doherty, Bader, Popehat, Bernstein] New York law firm launches school-bullying practice [Constitutional Daily]
- Mass tort settlements: “The market for specious claims” [S. Todd Brown, Buffalo, SSRN]
- Could Gene McCarthy’s candidacy have survived Arizona elections law? [Trevor Burrus, HuffPo]
March 23 roundup
- New Yorker suing boss for $2M because working in New Jersey caused him “anguish” [Biz Insider]
- British lawyer’s libel threats impede UK publication of Paul Offit vaccine book [Respectful Insolence]
- Lawsuit settlement leads to Florida push to curb tobacco discounter [WSJ; background, Jeremy Bulow]
- Allegation: attorneys made personal use of cy pres fund in Armenian genocide settlement [PoL]
- “Telecommuting employees raise special wage and hour issues” [Hyman]
- UK bias cops wonder whether to ban gay-preferred along with gay-not-preferred guesthouses [Ed West, U.K. Telegraph]
- Copyright mills: “Local law firm wants to defend people sued by local law firm” [TBD] Related: [Citizen Media Law, Coleman]
- “Top 10 Reasons to Not Open a Bar or Restaurant in NYC” [NY Enterprise Report]
Demands $1.6 million for neighbor noise, $52 million for involving reporter
A Manhattan couple were sued by their downstairs neighbors for allegedly allowing too much noise that might have been better muffled with carpets. They approached a well-known local reporter who did a segment in his “Shame! Shame! Shame!” consumer series critical of the suit. The plaintiffs proceeded to file a new $52 million suit against their upstairs neighbor for intentional infliction of emotional distress, which a judge has now dismissed. And now the defendant wife and her husband have sued the condo board for removing her from the board, apparently in reaction to the publicity. [TVSpy]
British government unveils libel-reform proposals
By reader acclaim: Minneapolis blogger told to pay $60K over post
“Though blogger John (Johnny Northside) Hoff told the truth when he linked ex-community leader Jerry Moore to a high-profile mortgage fraud, the scathing blog post that got Moore fired justifies $60,000 in damages, a Hennepin County jury decided Friday.” Moore, who was fired by the University of Minnesota after the post appeared, sued on a theory of “tortious interference” with his employment. [Minneapolis Star-Tribune]