What is the typical goal of the plaintiff in a SLAPP lawsuit?a)To win ...
A supreme court bench recently recorded observations on how courts should decide pre-trial injunctions against media organisations, and the growing use of SLAPP suits “to prevent the public from knowing about or participating in important affairs in the public interest”.
About SLAPP Suits:
- The term ‘SLAPP’, stands for strategic lawsuit against public participation.
- The concept of a SLAPP lawsuit evolved in the US, where it was observed that certain lawsuits were filed targeting individual or group litigants who voiced their concern over important or considerable social issues in the public arena.
- The subject matter of the suit would target an act of public participation, such as engaging in an issue of societal or political significance, in the form of journalism, advocacy, whistleblowing, peaceful protests or boycotts, activism, or simply speaking out against abuse of power.
- As such, winning the lawsuit is not the focus. The plaintiff’s goal is typically accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism.
- The remedies sought are usually substantial amounts of damages, and generally aggressive or disproportionate to the subject matter of the dispute.
- SLAPP suits are routinely filed for libel, slander, defamation, abuse of process, malicious prosecution, conspiracy, invasion of privacy, and tortious interference with contract or business relationships.
- The most common SLAPP suits have often involved a powerful corporation suing local citizens for speaking against their company.
Hence option c is the correct answer.
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What is the typical goal of the plaintiff in a SLAPP lawsuit?a)To win ...
Goal of the plaintiff in a SLAPP lawsuit:
Discouraging public participation in societal issues:
- The typical goal of the plaintiff in a SLAPP (Strategic Lawsuit Against Public Participation) lawsuit is to discourage public participation in societal issues.
- These lawsuits are often filed by corporations, government officials, or individuals with power and resources to intimidate or silence individuals or groups who speak out on matters of public concern.
- By initiating a SLAPP lawsuit, the plaintiff aims to deter critics from expressing their opinions, participating in public debates, or advocating for social change.
- The ultimate goal is to suppress dissent and maintain the status quo without facing any opposition or scrutiny.
Using legal tactics to silence critics:
- SLAPP lawsuits are usually meritless or exaggerated legal actions filed with the primary purpose of burdening the defendant with the cost and stress of defending themselves in court.
- Plaintiffs may seek monetary damages or injunctive relief, but the real intention is to intimidate the defendant and send a chilling effect to others who may consider speaking out against them.
- By leveraging the legal system in this way, the plaintiff aims to stifle dissent, deter activism, and discourage public engagement on important societal issues.
Impact on freedom of speech and public discourse:
- SLAPP lawsuits pose a significant threat to freedom of speech, public participation, and democratic values.
- They create a chilling effect on individuals and organizations that seek to address social injustices, hold powerful entities accountable, or advocate for change.
- By targeting critics with aggressive legal action, the plaintiff aims to undermine the principles of transparency, accountability, and civic engagement that are essential for a functioning democracy.