California Looks To Strengthen Anti-SLAPP Laws; Protect Online Anonymity
from the good-for-them dept
We've covered various anti-SLAPP laws in the past. These are laws that protect people from bogus lawsuits that are merely designed to shut them up. SLAPP (Strategic Lawsuits Against Public Participation) are basically when a large corporation just files suit against someone knowing that the lawsuit alone will cause them problems, no matter how bogus the lawsuit is. Many states have created anti-SLAPP laws that let victims of SLAPP suits ask for them to be quickly dismissed. California has good anti-SLAPP laws, but they may get even stronger. While current California law lets those accused in SLAPP lawsuits to also get back attorneys fees, the law may now be extended to cover lawsuits filed outside of California against California residents. This should serve to help protect anonymity online as well as the ability to speak out against much larger entities. Hopefully, other states will follow suit as well.
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Filed Under: anonymity, anti-slapp, california, slapp
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SLAPP
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What the hell
Seriously though, legislation is all good and all but why do legislatures fell they HAVE to make a law? Its like all those ban X gadget while driving. All they do is cost us money and make the politicians seem like they are doing anything.
Meanwhile the good ol' Reckless Driving laws that usually are up to a cop's "best judgment" already exist but are not applied when someone is driving recklessly, just beacuse they were on a cellphone or using a pager.
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California
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SLAPP!
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If this is correct then what it appears is that CA is up to their old trick of attempting to take CA law and applying it to residents in a different state.
Can't wate till this reaches Federal court. I suspect the slap down is going to be real hard again.
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@ 7
For instance, a gay couple might marry and then split up, with one partner moving to Oklahoma. They could file suit in thier home state or in Oklahoma, but in Oklahoma no divorce would be granted because they wouldn't see the arriage as legal. If they filed in thier home state, it would proceed as a straight divorce.
It becomes a federal matter when it affects federal law, not when it crosses federal lines. You might be thinking of commiting crimes across state lines, but that doesn't even apply unless the feds want to prosecute that case. They can, but they certainly don't have to. :)
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Oh, also...
In Oklahoma, if you get divorced and the non-custodial parent moves to another state, they must still abide by OK state law regarding child support. And if they choose to go to court for modifications, it has to be filed in Oklahoma no matter where the plaintiff lives.
This is Oklahoma's way of extending Oklahoma's laws to the Oklahoma residents (the child and custodial parent) regardless of where the plaintiff/non-custodial parent might be.
Other states do it for other reasons, also. So it's certainly not a new pratice. Yay for SLAPP!
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