6 Ways Corporate Lawsuits Kill Free Speech (and How to Fight Back!)

Human Wrongs Watch By Molly Dorozenski*

9 May, 2017 – GREENPEACE – Free speech is a right. So how can a corporation possibly stop you from speaking out? Using a legal tactic called a SLAPP, corporations like the massive Canadian logging company, Resolute Forest Products, are attempting to crack down on free speech by suing their critics into submission.

Resolute has filed two lawsuits — one in Canada against Greenpeace Canada for CAD$7 million, and a CAD$300 million suit in the United States against Greenpeace Fund, Greenpeace Inc, Greenpeace International, Stand.earth and several individuals.

Resolute is relying on the fact that this tactic is obscure and confusing, so arm yourself with all the information you need to protect your right to free speech.

1. The clue is in the name SLAPP

SLAPP stands for “Strategic Lawsuit Against Public Participation.” As the name implies, they’re used by corporations trying to shut down public participation. SLAPPs are often filed without any kind of merit, just to cause financial harm to individuals and organisations who have to hire lawyers and engage in costly legal battles to continue their work.

2. They are more than just a SLAPP on the wrist

Many SLAPPs are for amounts of money that are nearly impossible to pay, forcing activists to choose between massive legal costs or shutting up. Resolute is suing Greenpeace in two separate suits for CAD$300 million and CAD$7 million respectively. The whole purpose? Intimidation.

3.  Corporations are getting SLAPP-happy 

You’re not the only one who thinks this should be illegal. A handful of countries around the world and 28 state legislatures in the United States have enacted anti-SLAPP laws to prevent frivolous lawsuits from being filed.

The idea is that, if lawsuits intended to burden individuals and organisations are terminated early, their impact could be limited. But the laws remain imperfect and need to be strengthened and expanded to protect people everywhere. And even though anti-SLAPP legislation is popping up everywhere, SLAPPs continue to be on the rise. 

4. That one where the residents of a small town in Alabama, US got sued for USD$30 million for standing up against a coal ash landfill

The ACLU (American Civil Liberties Union) represented individuals in the city of Uniontown, Alabama — a poor, predominantly black town — who were sued by Green Group Holdings for USD$30 million for standing up to a coal ash landfill in their town.

Due to public outcry and the support of the ACLU, they reached a settlement in February and agreed to better environmental protections — but they shouldn’t have had to deal with this corporate bullying in the first place.  There are hundreds of others across the US and beyond who won’t be so lucky.

5. Sometimes it gets personal

In the Resolute v. Greenpeace lawsuits, Resolute chose to name individuals because by serving them with a massive lawsuit, in their home, the company can provoke a reaction. “It can be intimidating to be personally named in a fat lawsuit,” said Greenpeace USA Forest Campaign Director Rolf Skar.

“You know you’ve got piles of legal papers and suddenly you wonder about, what does this mean for me? When do I have to show up in court? What does this mean for my future?” Companies like Resolute count on this intimidation to make individuals think twice about speaking up.

6. Wait, what does the mafia have to do with this?

If you’re following the Greenpeace case, you might have seen that Resolute is using RICO laws to inflate the amount of money in the U.S. lawsuit and claim triple damages. Does RICO sound familiar?

You might know about RICO laws from when they were first created: in an effort to  prosecute the mafia more effectively. The filings in the U.S. call Greenpeace a “global fraud” and claim that “soliciting money, not saving the environment, is Greenpeace’s primary objective.”

7. When you’re SLAPPED, stand FIRM.

We created this easy acronym to remember what to do if you or your organisation faces a SLAPP, or you want to stand up and support Greenpeace.

Stand FIRM.

Fight back: SLAPPs don’t stand up to scrutiny and it’s important to explore your legal options and build a strong legal defense.

Investigate: continue to examine and expose the practices of the corporation suing you — they wouldn’t resort to these tactics if they didn’t have something to hide.

Rally. Bring together your free speech allies to help support the cause and amplify your message.

Make some noise. Refuse to be silent. Don’t give up your free speech.

And most of all, don’t let Resolute silence you! Take action now!

*Molly Dorozenski is the Communications Director at Greenpeace USA

Molly Dorozenski’s article was published in Greenpeace. Go to Original.

2017 Human Wrongs Watch