West's Encyclopedia of American Law explains SLAPP lawsuits:
What are SLAPPs?
"Retaliatory lawsuits intended to silence, intimidate, or punish those who have used public forums to speak, petition, or otherwise move for government action on an issue.
"The term strategic lawsuits against public participation, known by the acronym SLAPPs, applies to a variety of different types of lawsuits, including those claiming libel, defamation, business interference, or conspiracy....
"In a typical SLAPP, an individual or citizens' group — the "target", or defendant — is sued by the "filer", or plaintiff, for alleged wrongdoing simply because that individual or group has used constitutionally protected rights to persuade the government to take a particular course of action. SLAPPs have been directed against individuals and groups that have spoken in public forums on a wide variety of issues, particularly against real estate development, the actions of public officials, environmental damage or pollution, and unwanted land use.
"They have also been used against those who have worked publicly for the rights of consumers, workers, women, minorities, and others. SLAPP defendants have been sued for apparently lawful actions such as circulating a petition, writing to a local newspaper, speaking at a public meeting, reporting violations of the law, or participating in a peaceful demonstration.....
Fighting Back
"Individuals and governments reacted to the growth of SLAPPs in a number of different ways. Targets of SLAPP cases sometimes have countersued — a process known as a "SLAPPback" — often making many of the same claims as the SLAPP filer: malicious prosecution, abuse of process, defamation, and business interference. Those who have filed SLAPPbacks generally have been successful in court and have won large cash settlements from juries. Advocates of SLAPPbacks say that they are a necessary deterrent to SLAPP filers......
"A number of states have passed laws intended to prevent SLAPPs and protect the right to participate in public activism. The Minnesota Citizens Participation Bill of 1994, for example, protects public participation by requiring a court to dismiss a SLAPP unless the filer can prove that the target's activities were not directed toward producing government action. The law also shifts the burden of proof to the SLAPP filer and allows the SLAPP target to collect attorneys' fees, costs, and damages if the SLAPP is unsuccessful."
Real-life Examples of SLAPPs:
"A group of parents voiced concern over unsafe school buses at a school board meeting, only to become defendants in a $680,000 suit for libel filed by the bus company....
"A group of neighbors protested the renewal of a bar's liquor license and were then faced with an $8 million libel suit initiated by the bar owner....
"An environmental protection group opposed a commercial development and was eventually sued by the developer for $40 million. The lawsuit claimed that the environmental group was guilty of "conspiracy" and "abuse of process". The suit dragged on for several years, cost the environmental group much time and money, and eventually resulted in its demise. Although the development did not go forward, many group members vowed that they would refrain from future community involvement out of fear of legal retribution."
What Can We Do?
Who Owns Tulsa? strongly encourages all citizens to contact your state representative and senator and express your concern about the effect SLAPP lawsuits have on public participation and free speech and to encourage Oklahoma SLAPP lawsuit reform. Discuss this issue with your neighbors, friends, and family, at work, at home, at church, anywhere. Visit the pages under the "Free Speech and SLAPPs" menu bar above for local cases many consider SLAPP lawsuits. Follow the links below to other SLAPP information. Become informed and then inform others.
Other SLAPP Lawsuit Information:
Federal Anti-SLAPP Project (FASP) has proposed Federal Anti-Slapp Legislation in Congress
Michael Bates "SLAPP upside the head"
Wikipedia "Strategic lawsuit against public participation"
First Amendment Project "The Anti-SLAPP Resource Center"
Citizen Media Law Center "Responding to Strategic Lawsuits Against Public Participation (SLAPPs)"
West's Encyclopedia of American Law "Law Encyclopedia: Strategic Lawsuits Against Public Participation (slapps)"
Urban Tulsa Weekly "Free Speech SLAPPed"