“A man who does not think for himself does not think at all.” Oscar Wilde

"A man who does not think for himself does not think at all." Oscar Wilde

Friday, July 16, 2010

Free Speech Can Be Expensive

Among our many Constitutional freedoms is that of free speech. But it seems what guns and government can't suppress big corporations can and do. Its commonly called a SLAPP suit.

SLAPP stands for Strategic Lawsuit Against Public Participation. It is a method by which corporate money can keep people quiet and suppress them from speaking out.

A company doesn't file a SLAPP suit because it feels its been legally wronged. The suit is filed because executives know that defamation lawsuits cost tens of thousands of dollars to defend, and the vast majority of people will stop using the "offending speech" rather than face such an expense, according to Stacy Johnson of Money Talks News.

This form of legal harassment is becoming more and more common in the age of instant communication. Before the internet, it was primarily word of mouth that spread information between consumers. Now, with blogs and websites, people have the ability share experiences and opinions with uncountable numbers of others.

How does a SLAPP suit work? Suppose you decided to begin a blog or a website and you name it: "Reviews of Popular Corporations.com." Over time you collect and begin posting negative reviews and opinions from everyday people. Our Constitution guarantees, you have the right to do this. But, companies also have the right to bring a defamation lawsuit against you.

It is a corporate strategy to control negative things said about the company by filing such actions. The corporation really doesn't care if the information was correct that was posted, or that the speech is protected, or even that it could never hope win such a lawsuit in a court of law. The one thing they do know is that the greater majority of people will give up rather than face such a lengthy and costly venture against such a wealthy opponent.

Such large, and even small, corporations are using this tactic to do what the United States government cannot do: take away your First Amendment right to free expression. It may not be right or ethical but it is legal.

To those of us who value free speech, we will fight with all our resources to protect this right. If I am ever the target of such a lawsuit, I'll probably opt to fulfill the prophecy that he who acts as his own lawyer has a fool for a client. But like the story of David and Goliath, I'd have to take on the giant.

Like everything else in life, we must simply bear in mind that for every action we take there is a responsibility. And, in this one person's view, it is our responsibility to defend the Constitution no matter the cost.

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