SLAPP lawsuits (Strategic Lawsuits Against Public Participation) are legal actions used to silence critics, intimidate truth-tellers, and drain their resources, as demonstrated by Lance Armstrong's lawsuits against those who exposed his doping scandal. Anti-SLAPP laws provide protection by allowing judges to quickly dismiss meritless lawsuits targeting free speech and requiring the bully to pay the victim's legal fees, thereby leveling the playing field between individuals and powerful entities.
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How legal bullying works—and how to protect yourself | Laura Prather | TEDxSurreyAdded:
When I was 16, I had an awesome teacher, Mrs. Peterson.
She changed the entire direction of my life. She convinced me that free speech is the essence of democracy.
Think about it. Because of free speech, we can all be here today sharing our beliefs and expressing our opinions.
Free speech is what separates us from totalitarian regimes.
This was so important to me that I became a human rights lawyer. And for the last 30 years, I've been standing up for people who speak out.
I truly believed lawyers protected people and courts ensured fairness.
So, it was heartbreaking to see a system that's supposed to protect us all instead being used to hide the truth and ruin victims financially.
What changed for me?
Let me tell you my story.
Does anyone remember seventime Tour to France winner Lance Armstrong?
He was stripped of all of his titles and banned for life from cycling for cheating and leading a massive doping program.
But you see, during that time, Lance didn't just cheat.
He targeted anyone who tried to expose him.
I saw this up close and personal because back then I was married to his agent.
I didn't know the level of deceit while it was going on, but what I saw were legal threats popping up every time doping was mentioned.
He sued his masseuse, his personal assistant, an insurance company, and even a London newspaper and reporter.
And they settled, not because they were wrong, but because it just cost too much to fight.
Lawsuits were used like blunt instruments to silence people and bury information and intimidate rivals.
The playing field was not even.
But the legal system made things worse.
Years later, when Armstrong finally confessed to doping on Oprah, she asked him, "You're suing people and you know they're telling the truth.
What is that?
Armstrong admitted he was a bully.
Bullies use the courts to silence, intimidate, and harass people whose voices they don't like and whose message they don't want heard.
These lawsuits, they actually have a name. They're called slapsuits.
S L A P. It's an acronym.
stands for strategic lawsuits against public participation.
They're like a slap in the face. They're meant to shock you, take your breath away, cause you to falter.
They're lawsuits that are brought to keep you from speaking out.
They hide the truth and they drain your bank account. And unfortunately, they're on the rise in virtually every developed country.
And don't get me started on what's going on in the US right now.
So, after witnessing the carnage from Armstrong's lawsuits, you can only imagine the inner turmoil I felt. Here I was married to his agent, myself, a free speech lawyer, watching the courts use to silence truth tellers.
This revelation changed the direction of my life personally and professionally.
It was the end of my marriage, but it was the beginning of a new chapter in my career.
I saw the dire need for legal reform to protect everyone's free speech rights from this abuse of the court system.
Because let me be clear, anyone anywhere can be the target of a slap.
These lawsuits, they don't just happen when you get crosswise with the rich and famous. They could happen to you.
And then the question becomes, you have an extra $100,000 lying around.
Just ask Canadian Pierre Roy or American Carol Himpill.
Pierre was a 24year-old Ontario engineering student. He learned about a redevelopment plan for a nearby shopping mall and he got concerned about the potential impact it might have on affordable housing or the environment.
And so he went to a public meeting and he expressed these concerns and remarkably the developer sued him for $300,000.
Carol had a brother with a traumatic brain injury.
She was concerned that the Texas Care facility where he lived might be neglecting him.
And so after going to management and expressing these concerns and getting nowhere, she did what many of us would do. She filed a complaint. She posted an online review.
And what happened next is nothing short of astonishing.
Not only did they kick her special needs brother out, but they sued Carol for speaking up.
Now, I think we all can agree no one should lose their home, their health, or their future for simply speaking out.
And yet, when you get sued for simply expressing your opinion or sharing your concerns, it can be devastating.
Worse yet, these lawsuits, they don't just hurt the speaker. They rob us all of critical voices and important information.
they can change the direction of your life and not in a good way.
So after the Lance experience and grappling with the reality of slaps, I learned there's a light at the end of the tunnel. There is a weapon against free speech bullies.
anti-SLAP laws.
I've pushed for these laws around the world, advocating before legislators, speaking at conferences, and working with international coalitions.
These laws help level the playing field.
They help David stand up to Goliath.
Let me tell you how.
First, a judge looks at the case right away to see if it targets your free speech rights. If it does, and the case has no merit, it gets tossed before it drags on and drains you emotionally and financially.
Plus, the bully who filed the lawsuit has to pay your legal fees, which not only punishes him for abusing the court system, but also warns others not to do the same thing.
And these laws work.
Both Pierre and Carol live in places that have anti-SLAP laws. Because of Ontario's law, the case against Pierre got thrown out, and the court ordered the developer to pay Pierre's legal fees.
Texas's anti-slap law gave Carol the strength to say no when that care facility came to her offering to drop the lawsuit in exchange for her silence.
She too was made whole financially and her voice is even louder today.
The good news is we're making real progress in getting these laws passed.
Four out of five of Canada's most populous provinces have these protections.
39 states in the US have anti-SLAP laws.
More than a dozen passed just in the last two years. EU member states have a swift deadline to put these protections in place. And remember that London newspaper that couldn't afford to fight Armstrong?
It's pushing for anti-slap laws in the UK so that it and others can stand up to the bullies in the future.
People and organizations from across the political spectrum are coming together to support these laws because if there's one thing that Fox News and CNN can agree on, it's the right to speak freely.
So what can you do to help protect free speech rights?
First, learn about anti-SLAP laws wherever you live.
Right now, your protection depends on your location, and it shouldn't.
Be an advocate for reform.
Groups like the Center for Free Expression in Canada, the Uniform Law Commission in the US, or coalitions against slaps in Europe, the UK, and beyond, they're all doing great work in this regard, but they could use your help.
Now that I've told you my story, let's make sure you have the right to tell yours.
Mrs. Peterson was right.
Free speech is the essence of democracy.
It is fragile, but together we can protect it.
Let today be a day that changes the direction of your life. stand up to the bullies because when we defend free speech, we defend each other and we defend democracy itself.
Thank you.
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