In the United States, legal remedies are particularly numerous, to such an extent that a vision of the American suing as one would order a coffee on the terrace has developed in the imagination. But these procedures, some of which sometimes make you smile, also serve to intimidate and silence dissenting voices. This is what The Authors Guild accuses of ” strategic lawsuits against public mobilization“(SLAPP) also called”gag pursuit ».
It is at the origin of a legal action intended to prevent the intrusion of political and activist action into the public sphere. The case of the Quebec publishing house, Ecosociété, remains one of the saddest examples – the publisher having been sued. to the publication ofBlack Canada, questioning the practices of oil companies.
Most often, the plaintiff invokes defamation against individuals or organizations which, by their positions, attacked him indirectly. In fact, SLAPPs are often criticized and sometimes equated with intimidation. The threat of damages disproportionate to the harm allegedly caused then serves to silence political discourse.
The authors facing justice
On July 14, The Authors Guild, associated with numerous publishers and media, signed a letter addressed to Governor Cuomo and to the State of New York. In this text, the association calls out to the dangers that these legal procedures represent for freedom of expression and publication. We have indeed witnessed in recent years a “spectacular increase in litigation intended to muzzle speeches that are nonetheless protected by the Constitution».
In the last month alone, several lawsuits have been filed to ban books criticizing President Trump. A New York court judge had even suspended all operations around Mary Trump’s book, before an appeals court lifted this injunction.
According to the organization, these lawsuits “are an intolerable form of private censorship“, And it is urgent that the State of New York,”media capital of the world», Adopts legislation capable of dealing with attempts at legal intimidation.
A necessary reform
In its letter, the association calls in particular to support a bill aimed at strengthening the current “anti-SLAPP” status of New York State. The “anti-SLAPP” laws are designed to provide defendants with the best weapons to resolve these disputes, including relying on the First Amendment.
For The Author Guild, current New York law protects freedom of speech less than the laws of 30 other states. New amendments would therefore be necessary to allow thousands of journalists and state authors to exercise their profession. The bill would allow the accused to take refuge behind the fact that he is pronouncing on a subject “related to a matter of public interest»Which allows them to exercise their constitutional right.
More importantly, the bill states that “legal fees and costs will be recovered“. Case to be continued.
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