Weak Anti-SLAPP Laws Don't Help Anyone
from the time-to-fix-it dept
We've discussed anti-SLAPP laws a lot around here. As of right now, the laws (if they exist) are at the state level and vary (greatly) in the details. There's an effort underway to get a federal anti-SLAPP law in place, and the folks behind it have put a lot of thought and effort into making that law reflect some of the most important free speech protections found in the best anti-SLAPP laws out there. For those unfamiliar with the concept, SLAPP lawsuits are "Strategic Lawsuits Against Public Participation." Basically, they're lawsuits that people file for the sake of quieting someone down. Anti-SLAPP laws make it easy for those on the receiving ends of such lawsuits to get them dismissed quickly. Unfortunately, with such a variation in anti-SLAPP laws (and with some states having none at all), it's a bit of a crapshoot these days if you live in certain states.Paul Alan Levy has a discussion about a lawsuit in Maryland where the judge rejected an anti-SLAPP claim. The guy who couldn't get the anti-SLAPP to work is blaming the judge, but as Levy points out, the real problem is with the Maryland anti-SLAPP statute, which can be interpreted incredibly narrowly. It's a reminder of why a federal anti-SLAPP law would be a good thing.
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Filed Under: anti-slapp, maryland, slapp
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it should stay local, let the state decide, with input from their people, let the feds have one apply to federal suits
otherwise you will have local folks getting charged with a federal crime for a minor local event
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The argument that you have 'different protection based on where you live' doesn't fly in a world where any borders still exist.
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This country was founded on the people haveing the power not the federal government. It may not be perfect system but let people govern themselves as our founding fathers intended. Though I praise you for making us aware of system that works and needs to be spread Mike. In fact the state that comes up with the best solution is then followed suit by other states; this is how innovations in the judiciary level of self governance are intended to work.
When you leave it to one body you get government interest before the peoples.
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Yep, it is always minor when it is someone else.
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the us govt can't interpret their own laws evenly
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This should not be a problem for the courts ever.
Yeah badmouthing other is bad, can have repercussions bad or good, but should be resolved between the parties involved and not by a court.
Sometimes I think "being a man" have no meaning anymore, what is with people and those stupid things?
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Sometimes I think "being a man" have no meaning anymore, what is with people and those stupid things?
Sometimes people can't come to an agreement about the issue. Many people (in the US anyway) believe that being a man and settling things between the parties sometimes involves violence. Combine those two elements and you have the need for the civil court system.
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Perhaps the most important thing to watch for in any proposed Federal anti-SLAPP proposal is: Will it override state laws? Corporations will argue for the need for "uniform" regulations, which is code for such an override - and a victory is then followed by all kinds of proposals that weaken the law at the Federal level - thus weakening it in those states that provide stronger protections.
On the other hand, a Federal law that provides a floor level of protection, allowing states to go further - that would be a good thing.
-- Jerry
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SUE me I AINT GONNA EVERY SHUT UP
YOU american's dont have rights anymore you just think you all do.
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Preemption
The point is, how does it work in this circumstance? There is no provision in the proposed Federal anti-SLAPP statute that explicitly addresses the issue of preemption, but of course it is intended to be used to prevent the use of state (or federal) courts as an instrument to suppress free speech. But once a case is removed to federal court, the Erie doctrine would, I think, continue to require the application of state law where not inconsistent with federal law. Thus, if the state had anti-SLAPP provisions that were more protective than the federal ones, those still ought to apply.
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