To those on Trump's "enemies list," present and future: Protect and expand Anti-SLAPP laws
Prevent chilling threats to derail what should be "The Golden Age of Investigative Journalism"
“The nightmare has begun”
The 119th session of Congress opened on Friday with right-wing Republicans in complete control. . . . A U.S. House Speaker, Representative Mike Johnson (R-Louisiana), and a U.S. Senate Majority Leader, Senator John Thune (R-South Dakota), were selected.
Notably, the Republicans appear more united than ever as they continue to debase themselves with their unconditional allegiance to Donald Trump—a convicted criminal who attempted to overturn the 2020 presidential election during The Capitol Insurrection on January 6, 2021.
When Congress reconvenes tomorrow on January 6, 2025, the members of the new Republican majority in the U.S. House—some of whom were directly involved in the planning of the insurrection but were never brought to justice—will launch a ferocious, multi-layered legal attack against Trump-cult heretics. They will include but not be limited to those who were involved in Trump’s two impeachments, neither of which led to a conviction. Also, they will target those who participated in the subsequent investigation by the “U.S. Select Committee to Investigate the January 6th Attack on the United States Capitol,” aka “The January 6 Committee,” especially those Republicans, like Liz Cheney, whom they view as mutineers.
As already proven, these far-right conservatives are very dangerous people—corrupt, deceitful, and violent. And, if left unchecked, they will rule Congress during the next two-to-four years with fear and intimidation, using extortion as their principal weapon—just like the notorious U.S. House Un-American Activities Committee and the infamous witchhunt by Senator Joseph McCarthy.
Ready or not, the nightmare has begun. Trump will return to power on January 20 when he will expand and supercharge his personal revenge campaign with a barrage of legal assaults against his political enemies, real and imagined.
In my December 18 column for Mobology, I wrote:
The President-elect believes that he has the right to defame at will without challenges or consequences for his false and misleading words and deeds.
Among his top targets will be the members of the media who are critical of him and his decisions—those whom he has repeatedly labeled as “the enemy within.” Predictably, in retaliation, he will seek to overturn New York Times v. Sullivan, the media shield laws, the statute of limitations and legal thresholds for defamation cases, and even the laws regarding legal and illegal wiretapping. . . .
The President-elect’s own appointments, especially to the Department of Justice and the FBI, should serve to warn us to prepare for a return to the darkness of the late 1940s and 1950s with blacklisting, naming names, redbaiting, reckless and malicious smear campaigns, and inducements for neighbors to inform on their neighbors.
To help fight back, we must put our collective efforts behind the preservation and expansion of Anti-SLAPP laws.
The Anti-SLAPP laws, with the assistance of Perplexity
Anti-SLAPP laws are designed to protect freedom of speech and prevent Strategic Lawsuits Against Public Participation (SLAPPs). These laws provide a mechanism to quickly dismiss frivolous lawsuits that threaten First Amendment rights.
Key features of Anti-SLAPP laws include:
1. Protection for a wide range of First Amendment activities.
2. Shifting the burden of proof to the plaintiff.
3. Accelerating the legal process for a final decision.
4. Allowing immediate appeal of initial decisions.
5. Awarding attorney fees and court costs to winning defendants.
Currently, 33 states and the District of Columbia have Anti-SLAPP laws, while 17 states and many federal courts lack such protections. These laws vary in scope and requirements across jurisdictions.
The effectiveness of Anti-SLAPP statutes lies in their ability to deter potential plaintiffs from filing weak or frivolous cases against speakers exercising their First Amendment rights. By providing a quick and cost-effective way to dismiss meritless lawsuits, these laws encourage free speech on matters of public concern.
Despite multiple attempts, there is currently no federal Anti-SLAPP statute. However, efforts continue to establish consistent protection across federal courts, such as the SLAPP Protection Act introduced by Rep. Jamie Raskin in 2022.
Examining the legal worlds of SLAPP and Anti-SLAPP
Wikipedia on Strategic lawsuit against public participation (SLAPP)
The Reporters Committee for Freedom of the Press on Anti-SLAPP laws
Anti-SLAPP laws, state-by-state
The Freedom Forum on Anti-SLAPP laws
Institute for Free Speech: Anti-SLAPP Statutes: 2023 report card
American Bar Association: “SLAPP-ing Back: Recent Legal Challenges to the Application of State Anti-SLAPP Laws”
