LEGAL UPDATE: MOTION TO DISMISS SLAPP LAWSUIT #2
I have received numerous emails from people who wanted more information or clarification on my motion to dismissed the lawsuit filed by Blois Olson.
Because Blois Olson has done nothing to resolve the lawsuit in over 90 days, I believe Blois Olson filed this lawsuit to intimidate and silence me. This is called a SLAPP lawsuit.
SLAPP is an acronym for "Strategic Lawsuit Against Public Participation." SLAPPs are lawsuits aimed at silencing a plaintiff's opponents. The purpose of the SLAPP is not to win, but to intimidate the SLAPP defendant and to chill petition and/or free speech rights.
One court has explained the characteristics of SLAPP suits as follows: SLAPP suits are brought to obtain an economic advantage over the defendant, not to vindicate a legally cognizable right of the plaintiff. Indeed, one of the common characteristics of a SLAPP suit is its lack of merit. But lack of merit is not of concern to the plaintiff because the plaintiff does not expect to succeed in the lawsuit; only to tie up the defendants' resources for a sufficient length of time to accomplish plaintiff's underlying objective.
I maintain that Blois Olson's action is a SLAPP aimed at interfering with my legitimate exercise of First Amendment rights to both free speech and procure favorable government action through public participation.
Because Blois Olson has done nothing to resolve the lawsuit in over 90 days, I believe Blois Olson filed this lawsuit to intimidate and silence me. This is called a SLAPP lawsuit.
SLAPP is an acronym for "Strategic Lawsuit Against Public Participation." SLAPPs are lawsuits aimed at silencing a plaintiff's opponents. The purpose of the SLAPP is not to win, but to intimidate the SLAPP defendant and to chill petition and/or free speech rights.
One court has explained the characteristics of SLAPP suits as follows: SLAPP suits are brought to obtain an economic advantage over the defendant, not to vindicate a legally cognizable right of the plaintiff. Indeed, one of the common characteristics of a SLAPP suit is its lack of merit. But lack of merit is not of concern to the plaintiff because the plaintiff does not expect to succeed in the lawsuit; only to tie up the defendants' resources for a sufficient length of time to accomplish plaintiff's underlying objective.
I maintain that Blois Olson's action is a SLAPP aimed at interfering with my legitimate exercise of First Amendment rights to both free speech and procure favorable government action through public participation.
1 Comments:
The irony is that anti-SLAPP legislation originated from the political left. MPIRG sponsored the legislation in Minnesota.
The archetypical SLAPP victim, according to the left, is a citizen who speaks out against a big, bad corporation that wants to pollute the enviroment. The supposedly evil company then sues the concerned citizen for defamation.
Interesting how the tables are turned in this lawsuit. Now the liberal is the one filing the SLAPP lawsuit. And their legislation is coming back to bite them.
Post a Comment
<< Home