Surviving the Workday

Beginning in May (and ending yesterday), I was sued as part of a SLAPP or Strategic Lawsuit Against Public Participation for more than three million dollars because of letters I wrote, phone calls I made, and emails I sent while acting as a volunteer member of a local non-profit board. Others were also sued. While it all seems a bit unreal to me and I’m not going to describe any of the details, SLAPPs are quite real, and you should be aware of them if you participate in public life in any fashion.

What is a SLAPP?

A SLAPP is a lawsuit that involves being sued for exercising the petition clause of the first amendment, which encourages citizens to talk to their government about issues that concern them and ask the government to redress wrongs. Individuals and groups have been sued for:

• writing a letter to the editor
• testifying at a public hearing
• reporting violations of law
• lobbying for legislation
• peacefully demonstrating
• or otherwise attempting to influence government action.

What’s the point of a SLAPP?

The point is to shut you up. The point of a SLAPP is to burden you with legal costs so that you are essentially too scared to talk for fear of bankruptcy. The point of a SLAPP is not to win in court (SLAPPS rarely win in court because they lack merit). The point of a SLAPP is to shift a political discussion from the public arena into the private arena of litigation.

What are the signs of a SLAPP?

SLAPPs have certain identifying characteristics, frequently including involvement of local issues often around real estate development, setting of public good against private rights (e.g., right to own or develop property), and nasty labels. Oh but they’re not limited to that. SLAPPs include public officials suing individuals (e.g., a police office who sues someone who complains about his conduct or a teacher suing parents who criticize her behavior).

Is there any hope?

Barely. Many states have laws that allow the lawsuit to be dismissed almost immediately by a judge providing the judge identifies it as a SLAPP. Fortunately I live in one of those states. Thank god.

What can you do?

1. Insure yourself  Make sure that if you serve on a non-profit board that there is insurance to cover the board in the event you are sued individually for millions of dollars. I know it sounds ridiculous, but apparently it can happen to me. Lots of boards don’t have insurance because it’s a pain in the butt to figure out what you need. If you have a homeowner’s insurance policy, this should also include personal liability insurance.

2. Know SLAPPs  You should also become familiar enough with SLAPPs that you can immediately identify them so you don’t get stuck trying to respond as if it’s tort. Fortunately, my dad was able to identify the lawsuit as a SLAPP, which saved an immense amount of time and shifted the discussion to first amendment rights rather than tort.

3. Be Proactive  Yes, you should be proactive about how you participate. That means being careful and truthful about what you say. That means speaking truth to power.

Resources

California Anti-SLAPP Project

First Amendment Project

SLAPP Resource Center