We Need Federal Anti-SLAPP Legislation, But Sen. Kyl’s “Free Press Act of 2012” Isn’t the Answer (Yet)

Sep 24, 12

PPP Board Member Eric Goldman, Director of the High Tech Law Institute and law professor at Santa Clara University School of Law, had a piece published on Forbes’ website today discussing The Free Press Act of 2012.

“It’s a sad but all-too-common story nowadays.  A consumer posts a negative online review about a business.  Angered by the negative feedback, and fearful of the lost business, the business threatens the consumer with a lawsuit. Recognizing the overwhelming cost of defending a lawsuit (plus the risk of a financially ruinous adverse judgment), the consumer backs down and removes the review.  This unfortunate interaction, played out many times every day all across America, deprives society of truthful negative speech–among the most socially valuable, yet most imperiled, type of speech.”

Read the full post here: http://www.forbes.com/sites/ericgoldman/2012/09/24/we-need-federal-anti-slapp-legislation-but-sen-kyls-free-press-act-of-2012%E2%80%B3-isnt-the-answer-yet/

14 Comments

  1. k fulmore /

    I was always taught that if you feel you have been defamed,(or wronged, in general), you SHOULD let the court judge the matter, and not “take the law into your own hands”. Does this represent a sea change in societal thinking, are we offered a third (heretofore overlooked)option, or are we simply to live with “damned if you do, damned if you don’t.”?
    There’s a need for something like this, but I hope it’s thought through carefully first.

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