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Talking Points
The Citizen
Participation Act will:
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Establish a policy
encouraging public participation in debate and discouraging civil lawsuits,
called SLAPPs, which attempt to silence the public’s constitutional rights
to speak out on public issues.
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Provide for an
expedited procedure to dismiss Strategic Lawsuits Against Public Participation
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Suspend discovery
until a decision on the motion to dismiss and appeals.
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Provide attorneys’
fees to the victim and possible sanctions against the filer of the SLAPP
and their attorneys.
SLAPPs:
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Are usually civil
complaints or counterclaims against an individual who exercised free speech
activities protected by the First Amendment.
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Are often brought
by corporations, real estate developers, or other entities who are opposing
public interest issues including protection of the environment.
SLAPPs Threaten
Our Rights to Speak Out
“Americans
by the thousands are being sued, simply for exercising one of our most
cherished rights: the right to communicate our views to our government
officials, to ‘speak out’ on public issues.” Source:
SLAPPs: Getting Sued For Speaking Out by George W. Pring and Penelope Canan
(1996).
Individuals
Have Been Sued for the Following Constitutionally Protected Actions:
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writing a letter
to a newspaper
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reporting misconduct
by public officials
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speaking at public
meetings
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filing complaints
over proposed environmentally destructive developments
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filing complaints
with officials over violations of health and safety laws
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"whistle blowing"
in corporations
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circulating a
petition
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lobbying for legislation
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peacefully demonstrating
SLAPP Suits
are an Attempt by Big Business to Intimidate People who Oppose Them
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Developers, builders
and contractors, large companies, landfill owners, city and county governments,
and logging firms are just a few of the entities that file SLAPPs.
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These lawsuits
are strategic and make use of litigation to politically intimidate people
and organizations speaking out about a certain issue.
SLAPP Suits
Affect Crusaders for both Environmental and Public Health Issues.
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“Eco-SLAPPs” are
quite common—environmentalists and environmental groups are being sued
for speaking out against things such as harmful development, pollution,
logging and neighborhood toxic waste sites.
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The Sierra Club
alone has been SLAPPed at least ten times. Other groups, such as The Nature
Conservancy, are also frequent targets of SLAPPs. Often, however, small
state or local groups find themselves at the brunt of corporate anger,
and due to small budgets, are most affected by SLAPPs.
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Even neighborhood
activists and mainstream, middle class Americans who are attempting to
protect their neighbors and families are singled out by business interests
and are SLAPPed.
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These people are
negatively affected by these suits because they are often so intimidated,
frustrated, and emotionally influenced by the process that they frequently
decide not to be publicly active in the future, even though the suits are
often unsuccessful. Not only does this silence those involved, but those
that hear of the suits may be so affected that they decide not to ever
participate in public governmental processes.
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Former President
George Bush, as quoted in SLAPPs: Getting Sued For Speaking Out by George
W. Pring and Penelope Canan (1996), stated: “No obstacle is more
chilling than the fear of personal liability… [T]he fear of lawsuits, which
place an individual’s bank account and home at risk, has increasingly deterred
volunteer activity.”
Legislation
is Needed to Discourage SLAPPs and Protect Victims of SLAPPs.
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Twenty states
have already enacted legislation discouraging SLAPPs and procedurally protecting
the victims of SLAPPs.
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Congress has even
jumped in and voiced its opposition to SLAPPs: in the mid-80s Congress
introduced legislation encouraging states to enact anti-SLAPP legislation.
Since SLAPPs involve issues of state law such as tort claims for interference
with contractual rights, state-- rather than federal-- legislation is necessary
to address the problem.
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State anti-SLAPP
legislation significantly deters suits from being filed and greatly assists
victims with expedited dismissals and other procedural safeguards. Every
state needs anti-SLAPP legislation in order to be true to the principles
of a democracy.
Preserving
the freedom to speak out is essential in a representative democracy:
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Allowing for full
public participation and input in decisions made by governmental entities
is both a Republican and Democratic principle. Progressives and conservatives
both believe in and benefit from a participatory government.
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Participating
in decisions that affect us is a fundamental freedom that we have as Americans
and that we have proudly displayed to the world for over 200 years (one
of the reasons the Revolutionary War was fought was so that Americans could
criticize their English rulers). Americans believe in the democratic system
that gives us this right.
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If our voices
are stifled, our constitutional rights will be infringed upon and the ultimate
result is censorship. We cannot let this occur.
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