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.
Reporters Committee for Freedom of the Press Executive Director Bruce Brown submitted supplemental testimony to the House Judiciary Committee's Subcommittee on the Constitution and Civil Justice, explaining the Constitutional authority for enacting the federal anti-SLAPP bill. Specifically, the testimony details how Congress is authorized to enact the SPEAK FREE Act under the Commerce Clause and is authorized to include a broad removal provision under Article III.
Ryan Larson sued Gannett Company, Inc., for defamation in Minnesota after a local television station and newspaper reported on the police investigation into the killing of a police officer. After the officer's death, law enforcement officials held a news conference and issued a press release stating they had arrested Larson in connection with the death. Journalists from KARE 11 and the St. Cloud Times reported on Larson's arrest. Police later cleared Larson as a suspect. The trial court denied Gannett's motion for summary judgment that asserted the statements were protected under the fair report privilege. Gannett appealed for discretionary review to the Minnesota Court of Appeals. The Reporters Committee filed a request to participate as amicus curiae in support of Gannett's petition for discretionary review.
In testimony prepared for the House Judiciary Committee’s Subcommittee on the Constitution and Civil Justice, Reporters Committee for Freedom of the Press Executive Director Bruce Brown tells lawmakers that the time has come to enact a federal anti-SLAPP law.
Dr. Edward Tobinick sued Dr. Steven Novella for unfair competition, trade libel, and libel per se in federal court after Novella published two online articles about what Novella believed were Tobinick's unproven practice of treating Alzheimer's disease and strokes with the drug Embrel. Tobinick also sued Novella under the Lanham Act for the same publications. The Reporters Committee, with 24 other media organizations, filed an amicus brief in the U.S. Court of Appeals for the Eleventh Circuit arguing the District Court properly dismissed Tobinick's state claims under the California anti-SLAPP statute and federal claims under the Lanham Act. The brief asserts the District Court correctly applied the California anti-SLAPP statute in federal court because the statute does not conflict with the federal rules and is a substantive protection, not a procedural rule.
The Reporters Committee and others filed a brief in support of a newspaper's request for review to the South Carolina Supreme Court, in a case that turns on what is required to show "actual malice" on the part of a journalist.
The Missouri Supreme Court is considering whether the Humane Society’s statements identifying a dog kennel as a “puppy mill” and one of the “worst puppy mills in Missouri” are protected under the First Amendment as non-actionable statements of opinion. The Humane Society made the statements during a political campaign urging Missouri voters to approve a statewide public referendum on the “Puppy Mill Cruelty Prevention Act.” The trial court dismissed plaintiff’s defamation and false light claims, but the Court of Appeals reversed and remanded. The Reporters Committee, with a coalition of 22 media organizations, filed an amicus brief with the Missouri Supreme Court. Amici urge the Court to find the statements are constitutionally protected opinion and affirm the trial court’s dismissal because the Humane Society’s statements are based on disclosed, truthful facts and are core political speech.
Marcy Winograd appealed a California Superior Court’s denial of her anti-SLAPP motion after being sued for allegedly defaming a local petting zoo by writing online articles and publicly protesting what she believed were inhumane conditions at the zoo. The Superior Court found evidence establishing actual malice based on the fact animal control officers found no violations after investigating the zoo and Winograd continued objecting to the zoo conditions, relying on her own personal observations and information from two trusted sources. In an amicus brief, the Reporters Committee and five other media organizations urge the California Court of Appeal to reverse the Superior Court’s unprecedented interpretation of the actual malice standard.
The Reporters Committee submitted an amicus brief arguing that the trial court had misapplied the "actual malice" standard and not required proof that the reporter knew a statement was false or recklessly disregarded the truth.
Nevada Senate Bill 444, introduced in the Legislature with the support of casino owner Steve Wynn, aimed to scale back the protections of the state's anti-SLAPP law. The bill quickly passed the Senate and was under consideration by the Assembly Committee on Judiciary when the Reporters Committee wrote its letter.
The Reporters Committee argued that, by making it easier for plaintiffs seeking to stifle public debate by embroiling speakers in meritless, protracted litigation, SB444 would chill speech on matters of interest and importance to the public. Nevada's anti-SLAPP law is strong in its protection of speech and special interests should not be able to weaken it to serve their own ends.
In connection with a civil lawsuit filed after an accident at a veteran's parade, the Atlanta FOX 5 television station broadcast a series of news reports detailing the police investigation and indictment of the plaintiff, Shane Lardner, for lying about having a Purple Heart. Ladner sued for defamation, and FOX 5 attempted to use the Georgia anti-SLAPP law to have the suit dismissed. The trial court ruled that the anti-SLAPP law was inapplicable because the news reports did not qualify as statements "made in connection with" an official proceeding and because they were "sensationalistic." The Reporters Committee wrote an amicus brief supporting FOX 5's petition for review to the Georgia Supreme Court, arguing that the trial court applied an unduly narrow interpretation of the anti-SLAPP statute, which should cover media reports discussing lawsuits.
Members of the Olympia Food Co-Op sued members of the co-op's board of directors for adopting a boycott of Israeli products. The board successfully had the suit dismissed under the state's anti-SLAPP law. On appeal, the libel plaintiffs are asking the Washington Supreme Court to rule that the Washington anti-SLAPP statute is unconstitutional. The Reporters Committee argued that the Washington anti-SLAPP statute, like the many anti-SLAPP laws around the country that have been held to be constitutional, protects journalists from protracted legal battles over meritless lawsuits that are designed to chill speech. The law does not violate the plaintiffs' rights to petition or of access to the courts, particularly because there is no right to file a frivolous suit, which is what the statute is intended to protect against.
Proprietors of Dancing Deer Mountain, a wedding venue in Oregon, sued a Google reviewer, Christopher Liles, for libel following his negative review of his experience at a wedding there. The Oregon Court of Appeals held that some of the defendant's statements were actionable, such as calling the plaintiff "rude" and "crooked," while the defendant argued that those were non-actionable statements of opinion. This filing was asking the Oregon Supreme Court to review the Court of Appeals decisions. The Reporters Committee argued that the Oregon Supreme Court should accept the defendants Petition for Review because of the importance of clarifying what non-actionable opinion is in the state. The Court of Appeals decisions created confusion as to what may be stated in an online review and what will expose a commenter to liability. Such confusion could limit free speech and have serious consequences for public debate.
The Washington Travel Clinic and a doctor sued Yelp reviewer John Kandrac for libel for statements he made about his poor experience at the clinic. Kandrac moved to dismiss the complaint under the D.C. anti-SLAPP statute. The D.C. Superior Court dismissed almost all of his claims, but allowed one to survive. At issue in this filing was whether the denial of a special motion to dismiss under the D.C. anti-SLAPP statute is immediately appealable under the "collateral order doctrine." The Reporters Committee argued that a special motion to dismiss under the D.C. anti-SLAPP statute is immediately appealable. Allowing for immediate appeal in such a case furthers the purposes of the anti-SLAPP statute, which is designed to allow journalists to quickly dispose of meritless suits designed to chill speech.
The Reporters Committee and 26 others filed an amicus brief in the D.C. Court of Appeals. Michael Mann, a climate scientist, has sued various publications, claiming he was defamed by a statement saying he was "the Jerry Sandusky of climate science, except that instead of molesting children, he has molested and tortured data." The National Review and CEI filed anti-SLAPP motions, which were denied. The amicus brief argues that denials of a special motion to dismiss under the D.C. anti-SLAPP statute must be immediately appealable, and that the statements at issue are constitutionally protected opinion and fair comment, particularly given the context in which they appeared.