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a)Explain what a SLAPP is, and indicate how the company involved can win at least a partial victory even if it loses in the courts.
b)What action could governments take to eliminate this motivation for SLAPPs?

2007-04-03 13:07:57 · 2 answers · asked by mochaspice16 1 in Social Science Other - Social Science

dude chillax its like grade 12 world issues course man!

2007-04-03 15:54:11 · update #1

2 answers

[a] - "A Strategic Lawsuit Against Public Participation ("SLAPP") is a form of litigation filed by a large organization or in some cases an individual plaintiff, to intimidate and silence a less powerful critic by so severely burdening them with the cost of a legal defense that they abandon their criticism. The acronym was coined in the 1980s by University of Denver professors Penelope Canan and George W. Pring. One marker of a SLAPP suit is whether the costs outweigh the claimed damages by a large amount, for instance, damages of a few hundred dollars and costs in the tens of thousands."

A classic slapp was filed in California by Sharper Image against Consumers Reports after CU reported that a Sharper Image product[air cleaners] was effectively worthless. the only intent of the lawsuit was to punish CU for criticizing the product, and perhaps drive CU out of business through the costs of litigation. If Shaprer Image had been allowed to continue the lawsuit, even in losing the lawsuit they could have cost CU so much that CU at least would hesitate to criticize SI products in the future. Fortunately, CU filed an anti-slapp and had the case, with costs against SI, dismissed with prejudice.

[b] The California example could be adopted by states throughout the country.

2007-04-05 15:54:04 · answer #1 · answered by Prof. Cochise 7 · 1 0

Dear Sir; who ever you are you are asking a very complicated questions involving a complicated and difficult LEGAL ISSUE, your best bet is to go to the reference desk of your local law library and ask and or look for legal websites that you can research this like WEST LAW, LEXIS NEXIS, etc; to answer you question; SLAPP is an acronym (S.L.A.P.P.) that stands for Strategic. Lawsuits. Against. Public. Presentation. and an ANTI S.L.A.P.P. would be a LEGAL DEFENSE used by a Defendant in Court; for example; If I stood on the front lawn of City Hall in small town U.S.A. and said something like "The Mayor of this City is Corrupt and Dishonest"; the Mayor would sue me for slander and defamation, in my defense I would file an "Anti- S.L.A.P.P. Motion" I would be asking the court to throw out the law-suit on the basis that I was exercising my freedom of speech and "participating in public" the running of government:. I gave you the basics you need to go to a law library and study and research this Legal Issue.

2007-04-03 22:41:04 · answer #2 · answered by Anonymous · 0 2

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