...With Baited Breath....6/11

It's back in the hands of the judge, again. Arguments have been made, answered, and now it's under consideration.

My contention is that it is a SLAPP suit, but Texas has no provisions against such suits. What is a SLAPP?

Generally, a "SLAPP" is a (1) civil complaint or counterclaim; (2) filed against individuals or organizations; (3) arising from their communications to government or speech on an issue of public interest or concern. SLAPPs are often brought by corporations, real estate developers, government officials and others against individuals and community groups who oppose them on issues of public concern. SLAPP filers frequently use lawsuits based on ordinary civil claims such as defamation, conspiracy, malicious prosecution, nuisance, interference with contract and/or economic advantage, as a means of transforming public debate into lawsuits.

Most SLAPPs are ultimately legally unsuccessful. While most SLAPPs lose in court, they "succeed" in the public arena. This is because defending a SLAPP, even when the legal defense is strong, requires a substantial investment of money, time, and resources. The resulting effect is a "chill" on public participation in, and open debate on, important public issues. This "chilling" effect is not limited to the SLAPP target(s): fearful of being the target of future litigation, others refrain from speaking on, or participating in, issues of public concern.

What is the harm in a SLAPP? Again, it curtails free speech, unless you have the money and time to fight it. While there should be an accountability factor, it shouldn't be dependent on one's bank account...and how much justice you can buy.