For those concerned with this important topic I suggest the following text. When I was a planning commission member and expert witness for my town in a state planning hearing, a developer threatened a SLAPP against me. An informal legal consult suggested that if the developer actually brought the suit, I might end up owning the land proposed for devleopment as judges at that point (10 years ago in Vermont) often fined the plantiff for bringing a suit to intimidate. Of course the case law may well have changed since then but the book is a good starting point. I don't think Penelope, a sociologist, has written further on this, but George Pring may have.
In a democracy that for over 200 years has prided itself on public
participation and citizen involvement in government, thousands have been and
will be the targets of multi-million-dollar lawsuits. They will be sued for such
"all-American" activities as circulating a petition, writing a letter to the
editor, testifying at a public hearing, reporting violations of the law, filing
an official complaint, lobbying for legislation, or otherwise communicating
their views. Such cases, named "Strategic Lawsuits Against Public
Participation," with their apropos acronym, SLAPPs, are a shocking abuse of one
of our most basic political rights -- the Right to Petition. So extensive and
grievous is the phenomenon that Justice Nicholas Colabella remarked, "Short of a
gun to the head, a greater threat to First Amendment _expression_ can scarcely be
imagined."
George W. Pring and Penelope Canan explore the full range of SLAPP stories in
this first study of SLAPSS -- retaliatory lawsuits by real estate developers;
teachers; police; politicians; opponents of civil rights; consumers' rights;
women's rights; and many others. This comprehensive book examines what happens
to the targets of SLAPPs and what is happening to public participation in
American politics. Addressing the ultimate dilemma -- what can be done to turn
the tables and fight back -- Pring and Canan offer concrete, well-supported,
balanced solutions for preventing, managing, and curing SLAPPs at all levels of
government.
About the Authors:
George W. Pring is professor of law at the University of Denver.
Penelope Canan is associate professor of sociology at the University of
Denver. They are the co-directors of the Political Litigation Project at the
University of Denver.