Resolute Forest Products, Inc. v. Greenpeace

September 16, 2016

Resolute sued Greenpeace in federal court in Georgia (S.D. Ga., Augusta division) for counts including five separate racketeering violations, defamation, tortious interference with business relations, and trademark dilution. Greenpeace filed motions to dismiss and to strike in early September, emphasizing the application of Georgia's amended anti-SLAPP statute in federal court and Resolute's attempt to "masquerade" what is really a defamation claim as a violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"). The Reporters Committee and other amici argued first that Resolute cannot be permitted to circumvent the First Amendment by disguising a defamation claim as a RICO violation. Resolute attempted to silence and penalize speech about a matter of public concern, which, if upheld, would undoubtedly cause a chilling effect on speech.