Comments on: We’re Small Bloggers, but We’re Feeling the Fallout: Ellora’s Cave and the Suit Against Dear Author

By: Loki

Loki — Wed, 01 Oct 2014 05:20:17 +0000

There is one thing about the tradtitional SLAPP lawsuit that this situation doesn’t seem to have: a stable financial foundation. The truly horrifying SLAPP lawsuits are those where a party has essentially infinite resources to pursue harassment of their target, or targets – either in the form of utterly disproportionate monetary resources (the suit McDonalds filed in Italy in the last decade against the one food critic is a good example of this sort) or because an official position means that the party pursuing the suit can use official resources to press the case (this recent Canadian defamation case seems a good example of that sort: .http://www.canadianlawyermag.com/5299/The-trouble-with-criminal-speech.html ) From what I’ve read EC just doesn’t seem to have the financial resources to squander on providing for credible representation for a full trial situation. (Let alone some infinite number of such lawsuits for all the other bloggers to catch their attention.)

Having said that, I’m judgment-proof, myself. (Read: dead broke) It’s easy for me to comment without feeling at risk. Further, it’s worth noting that just because an action is neither credible, nor sensible, given a rational assessment of cost vs benefit, and available resources doesn’t mean that someone desperate or otherwise not thinking clearly might be willing to keep going and bankrupt both parties to the suit. Or suits. It’s easy for someone as far on the sidelines as I am to suggest that you shouldn’t let the threat of lawsuits stop you from any blog post you feel an urge to write. The reality is rather more complex.

I wish that this kind of nonsense would never cause anyone the least concern about expressing themselves. I know that’s not a reasonable position.

So, yeah, bugger lawsuits.

By: SL Huang (aka MathPencil)

SL Huang (aka MathPencil) — Tue, 30 Sep 2014 00:57:57 +0000

Oh wow. That’s not okay.

I wish I could believe that French review was truly defamatory and the suit was legitimate. I wish I could believe that had to be true because our legal systems always work. But . . .

By: SL Huang (aka MathPencil)

SL Huang (aka MathPencil) — Tue, 30 Sep 2014 00:41:38 +0000

A lot of states have anti-SLAPP statutes. Ohio, where the suit was filed, does not.

By: SL Huang (aka MathPencil)

SL Huang (aka MathPencil) — Tue, 30 Sep 2014 00:40:37 +0000

Thanks. 🙂

By: Mnark

Mnark — Mon, 29 Sep 2014 11:08:52 +0000

I read an article about a restaurant reviewer who left a bad review (this was in France) and was sued by the restaurant for essentially the same things EC is suing about (loss of revenue, etc). The courts sided with the restaurant and required the reviewer to change their review and pay a fine. These types of things are horrifying. Shutting down our voices, telling us we have no right to express an opinion … that’s the beginning of the end.

By: InMyBook

InMyBook — Sun, 28 Sep 2014 23:12:28 +0000

I agree. It is essential not to let bullies like EC intimidate you. What ever happened to freedom of speech? As far as SLAPP lawsuits…I detest the concept. Talk about a great example of a major weakness in our legal system.

By: azteclady

azteclady — Sun, 28 Sep 2014 18:54:58 +0000

Thank you for speaking up. It’s exactly this fear that EC was aiming for.

And it is this fear, as you so eloquently said, that makes it imperative not to be silent.