Kentucky needs an anti-SLAPP law!

One of the cooler parts of my internship here is hearing about modern trends in litigation, something we talk about all too rarely in law school. A particularly interesting development is the anti-SLAPP law -- SLAPP is an acronym for a "strategic lawsuit against public participation" and generally the term is used for 1) suits that have no chance of winning but which are cheaper to settle quickly than to dispute, and 2) disproportionately affect freedom of speech because the suits focus on citizen media/journalists.

For example, America Inc. doesn't like the local weekly newspaper writing about the attorney general's recent investigation of is hiring practices. So it decides to sue for defamation, knowing the paper is so bad off these days that it can't afford to defend a suit, even if it knows America Inc. has no chance of winning. So, it settles -- giving the company a lump sump to make the suit go away, and avoiding writing about the incident because it knows America Inc. could easily sue again.

Around 25-30 states are passing anti-SLAPP laws, which allow a defendant to seek relief if he/she thinks he's a victim of a SLAPP suit. If successful, he may be able to recover not only the court fees, but also a sum of money from the plaintiff. Such suits have been famous in cases such as the successful anti-SLAPP countersuit against Barbara Streisand -- she sued the California Coastal Records Project because it took a photo of her house, taken from a helicopter flying in public airspace. I mean, really Babs? Dan Snyder, owner of the Redskins, also got a taste of anti-SLAPP law when he sued a paper that published an entirely accurate listing of Snyder's very public failings as owner of the baseball team.

Bottom line for media lawyers: If you're going to work in media law defending journalists, anti-SLAPP laws are an incredibly valuable tool -- if you want to get paid (and let's face it, it does eventually come down to brass tax, like it or not) you need to know all of your fee-shifting tools. Your clients may be able to afford to pay you, but then again great cases may not have clients who can afford your hourly rate. If your heart still lies with defending citizen media but your student loans don't, this is a mechanism you can't afford to forget.

Bottom line for citizen journalists: I don't know anyone who works in journalism who isn't occasionally afraid of being sued. It's even worse if you know someone who can afford to file suit and LOSE just to make your life harder. These anti-SLAPP acts ARE a valuable tool, *if* your state passes one with any teeth. Check and see if your state has one, and if not, it's worth an editorial, a note to your legislature, or whatever you think is best to promote passage where you live.

Bottom line for Kentucky -- pass an anti-SLAPP law!