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On the Palin Issue; A Strategic Lawsuit Against Public Participation ("SLAPP")

Posted on 07/11/2009 6:50:47 PM PDT by big bad easter bunny

A Strategic Lawsuit Against Public Participation ("SLAPP") is a lawsuit that is intended to intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Winning the lawsuit is not necessarily the intent of the person filing the SLAPP. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. A SLAPP may also intimidate others from participating in the debate.


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1 posted on 07/11/2009 6:50:47 PM PDT by big bad easter bunny
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To: big bad easter bunny

In the legal context, there are Slapp-back suits in which the original defendant sues for improper use of legal process, attempt to violate civil rights, etc.

You have to defeat the Slapp suit first before you can file the Slapp-back.

In the Palin context, the Slapp-back probably is not a viable or practical option.


2 posted on 07/11/2009 6:54:32 PM PDT by Williams (It's The Policies, Stupid.)
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To: big bad easter bunny

sound slike the same reason they sued me for the LIEberman Freep


3 posted on 07/11/2009 6:56:33 PM PDT by RaceBannon (We have sown the wind, but we will reap the whirlwind. NObama. Not my president.)
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To: RaceBannon

Goodness Race—tell us all the particulars! I’m sure I heard them when it happened—but I’ve forgotten the details, and I’m sure others are interested.


4 posted on 07/11/2009 7:02:26 PM PDT by basil ( It's time to eliminate all "Gun Free Zones")
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To: big bad easter bunny

And when those people win we no longer live in a free country.


5 posted on 07/11/2009 7:11:47 PM PDT by fkabuckeyesrule (There might just be too many metrosexuals in America to allow Sarah Palin to become President)
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To: fkabuckeyesrule

Can’t Palin go after them on this legal context? The ethics investigation are the same as a law suit, if she does not defend it she loses!


6 posted on 07/11/2009 7:38:02 PM PDT by big bad easter bunny (I live so far beyond my means it could be said we live apart.)
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To: big bad easter bunny

NO, she cannot

BUt

In the case of this Moore *itch, SAra can file a notice of intent to sue for libel.

Sara can hen go after Moore and
Freeze Moore’s bank avccount and credit cards
Lien Moore’s home
Lien Moore;s auto
Send notivce to Moor’s employer of “possible garnishment actions due to upcoming suit”

and on and on.

All legal. The shoe, as they say, would then be on the other foot. I think this might slow down the nasty comments/bloggers/etc.

NOt a winning move, but sometimes you just have to put the fear of god into folks for them to take a hint.

Levi Johnson would be #2 on the hit list.


7 posted on 07/11/2009 7:45:03 PM PDT by ASOC (Who is that fat lady? And why is she singing???)
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To: ASOC

Your suggestion sounds so good!


8 posted on 07/11/2009 7:55:05 PM PDT by I am Richard Brandon
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To: I am Richard Brandon

Ya, until it happen to you or a buddy.

Lawyer, thug, lawyer, thug - just how do you tell them apart when they have ruined your ability to live?


9 posted on 07/11/2009 8:06:13 PM PDT by ASOC (Who is that fat lady? And why is she singing???)
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To: ASOC

The Lawyer wears the 3 piece suit, the thug gives him the money to buy it.


10 posted on 07/11/2009 8:37:20 PM PDT by chiefqc
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To: ASOC

“In the case of this Moore *itch, SAra can file a notice of intent to sue for libel.”

My understanding is that public figures, particularly those seeking high political office, have virtually no right to sue for libel after New York Times v. Sullivan.


11 posted on 07/11/2009 10:51:40 PM PDT by guns_for_liberty
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To: big bad easter bunny

One thing I don’t understand, it seems to me that there would be lots of lawyers volunteering to defend Palin at no charge against these ridiculous lawsuits. So I don’t understand why she doesn’t engage their services.


12 posted on 07/11/2009 10:56:34 PM PDT by guns_for_liberty
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To: guns_for_liberty

>>“In the case of this Moore *itch, SAra can file a notice of intent to sue for libel.”

My understanding is that public figures, particularly those seeking high political office, have virtually no right to sue for libel after New York Times v. Sullivan.<<

Maybe so, but once she leaves office, she is no longer a public figure. Then, watch out! Letterman better scrap a lot of material, as well as Overbiteman.


13 posted on 07/12/2009 8:35:00 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners.)
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