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Article

22 Dec 2019

Author:
Justin Jouvenal, The Washington Post

USA: Defamation lawsuits brought in Virginia seen by some as threats to free speech & press

"Devin Nunes, Johnny Depp lawsuits seen as threats to free speech and press," 22 Dec 2019

The [Nunes and Depp] suits are part of a string of splashy defamation claims by politicians and the A-list star seeking nearly $1 billion in damages in Virginia courts this year... The plaintiffs argue their names have been smeared and the venues are appropriate, but several of the defendants — including Twitter and Heard — say the filing location is aimed at exploiting the state’s weak protections for defamation defendants... The true goals of the suits, the defendants argue, are to stifle critics, blunt aggressive journalism and settle scores. Some deride the legal maneuvers as “libel tourism” and see a growing trend not just in Virginia but in other states that similarly lack safeguards. The suits have prompted Virginia lawmakers to look at changing the law... Virginia has an anti-SLAPP law, but there is no special motion provision and defendants are not guaranteed legal fees if a case is dismissed. The practical effect, experts say, is that cases can drag on until the sides begin to exchange evidence and a case goes to trial.

California, where Nunes and Depp might have filed their cases, has one of the nation’s strongest protections against lawsuits aimed at silencing critics on topics of public concern, known as Strategic Lawsuits Against Public Participation (SLAPP). California’s anti-SLAPP law allows defendants to file a special motion at the outset of litigation if they feel the lawsuit is without merit and aimed at chilling First Amendment rights on a topic of public interest. If a judge sides with the defendant, the plaintiff is required to pay the defendant’s legal fees.