Howdy to all the many law firms that are visiting my blog. A special howdy to Kelly, Hart and Hallman of Fort Worth and Cantey And Hanger Llp of Dallas because I know how much you love representing those oil and gas polluters.
Hey, are you guys going to S.L.A.P.P. me?
Big time polluters like the ones drilling in the Barnett Shale and the industries that made Texas’ water the 4th worst in the whole state like to take their big time lawyers and all that big money they make and bully people like me with a S.L.A.P.P. suit (Strategic Lawsuit Against Public Participation).
This is from Center For Health, Environment and Justice:
SLAPPs are brought against community leaders to muzzle their complaints and take away their rights to speak out against corporate plans that endanger their lives. SLAPPs are usually filed on the basis of defamation, business interference, or conspiracy. However, these allegations are really just intimidation tactics to silence citizens. Most SLAPPs are thrown out of court because the First Amendment protects citizens’ rights to free speech and public participation.
snip…
These are just a few examples of multimillion dollar corporations’ attempts to intimidate and financially ruin hard-working Americans trying to protect their families and lives, and expose the dirty practices of polluting companies. Engaging in activities such as circulating a petition, speaking at meetings, contacting or criticizing public officials, volunteering and supporting public interest campaigns should not be grounds for litigation. The First Amendment to the U.S. Constitution clearly protects “the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Luckily, there are increasingly more tools to help fight this attempt by corporations to stifle democracy. At least ten states have passed laws to help citizens “slapp” back. Anti-SLAPP laws in these states require those filing such suits to prove malice and a “reckless disregard for the truth” by the defendants. If a judge rules that intimidation was a factor in a company’s suit, they can be forced to pay damages and the defendants’ legal costs. Hopefully, these types of laws will continue to be passed and anti-SLAPP sentiments will spread throughout our legal system effectively to end these frivolous and bullying corporate tactics.
If you or your organization is SLAPPed, the most important thing you can do is not to be scared or intimidated. SLAPPs rarely stand up in a court of law. Organizations exist which will provide legal assistance to defendants in SLAPP cases. Keep in mind that the First Amendment protects your rights to free speech and that no corporate polluter can take that away from you. Use your voice to speak out against environmental injustices. Our democracy and our lives depend on it.
Center For Health, Environment and Justice
P.O. Box 6806 Falls Church, VA 22040
703-237-2249; chej@chej.org
Texas Monthly wrote about how Phyllis Glazer was SLAPPED.
Phyllis Glazer who founded Mothers Organized to Stop Environmental Sins (M.O.S.E.S.) was SLAPPed for fighting against the injection well operated by American Ecology Corporation (AEC) in Winona, Texas. AEC’s injection well is responsible for making all those wasted babies in Winona. When they got through SLAPPing Phyllis they RICOed Racketeer Influenced and Corrupt Organizations) her charging, “among other things, racketeering, misrepresentation, defamation, business interference and abuse of the legal process for filing a citizens’ suit.”
I’m not skeert! You can sue me all you want because I don’t have anything anyway.
Maybe you can get my pet nanny goat.
Or my weenie dog! Now that would be bad! She’s pretty rotten though so you might want to think that one through first.
But other than that I don’t have much. I’m one of those “ain’t got nothin’ to lose” kind of gals.
“Either I go home, or I say, ‘You think you can intimidate me? Screw you. Choose your weapon.’”~Eliot Spitzer
Here’s what I don’t get guys: Why not just use some of the millions you pay lawyers who smooth things over when you pollute and instead just use the money to clean up after yourselves? Or heck, you could even take some of those billions and billions of dollars you make and do something really good– invest in some wind energy.
About Sharon Wilson
Sharon Wilson is considered a leading citizen expert on the impacts of shale oil and gas extraction. She is the go-to person whether it’s top EPA officials from D.C., national and international news networks, or residents facing the shock of eminent domain and the devastating environmental effects of natural gas development in their backyards.
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syryn says
Hey, Sharon, I’m going to go find a “We love porn” group somewhere and steer them to your blog. Boy, will they be shocked when they find out that this S&M titled piece actually is a championing of the First Amendment, and the only obscene stuff on your blog is the face that the fat cats might use SLAPPs to try to shut you up. (Fat chance.)
Keep telling it like it is, girl!
LiberalDemDave says
Ooooooh! How exciting.
I think I’ll get out Erin Brokovich and watch it tonight, thinking of you…our very own SHARON Brokovich! LOL…
Like DVO says, “fight ’em on the ice” sister!
Anonymous says
Gotta love the attorneys of the world. Having worked for/with them since 1992 I have little respect for most that I’ve come across, although there ARE a few good ones, but interestingly they usually get out of law.
Being a nothin to lose gal, is the only way to be!
You ROCK SHARON!!!!!
nm says
Back in 2003, our reelected governor Perry made a great deal about abolishing “frivolous lawsuits.” Not knowing the real plans behind this legislation, I felt like most people, that we had become a lawsuit happy culture and we should put an end to these frivolous lawsuits.
I was dangerously ignorant, and grossly manipulated by the false claims of our governor.
Our laws were changed in 2003 destroying legal rights of individuals against corporations,
but not for corporate claims against individuals.
This trend has swung wide the doors of SLAPP suits that destroy the publics need to speak out against gross abuses like the Texas Residential Construction Commission and energy companies that insist on profit over public health.
When “business friendly” politics reaches the point of this type of hidden and gross abuse of the public, then we cannot be far from a Stalinistic State. Indeed one polarity (extreme capitalism)usually creates its own antithesis (a type of Stalinism that picks off decenters one at a time, until only ignorance remains).
TXsharon says
How said that the Republican base is so easily manipulated by their masters. I knew all that torte reform bullshit was heading us down a disastrous path. But, people shouldn’t be worried about speaking out. SLAPP suits rarely hold up in court. I’ve already spoken to a lawyer. I’m not concerned.
NM says
TXSharon,
You are aware that judges are elected officials? Yes, just like Governor Perry and the rest of them. All SLAPP suit defendants should ALWAYS demand a jury trial. Our “elected officials” have almost always been purchased, including judges.
TXsharon says
nm: You’re right! That’s how Karl Rove helped the Republicans take over Texas, buying off the judges.
I am not afraid. 🙂 I have friends.