Follow through on SLAPP law – A measure to curb frivolous lawsuits must not fall victim to 11th-hour politics


New York: A number of unresolved legislative issues have become potential hos­tages to a simmering dispute between Gov. Andrew Cuomo and leader­ship in the state Senate — none more disappointingly than a measure to discourage frivolous libel suits. Lawmakers must set the political spats aside and do their jobs, including passage of this much-needed reform.

It’s all about free speech. New Yorkers should have the right to speak out on matters of public interest without fear of reprisal. But reprisals often come, in the form of lawsuits alleging libel but really intended to silence opposition. Indeed, just the threat of a such potentially expensive and time-consuming suit — often wielded by big-monied interests against private citizens or local activists — can effectively muzzle a dissenting voice.

State lawmakers can put a stop to such abuses by passing the Citizen Participation Protection Act of 2014. The bill would expand protections against what are known as SLAPP suits (Strategic Lawsuits Against Pub­lic Participation).

Current law protects suit targets only in cases where the person or group criticized is seeking a public permit, such as a zoning variance. And there is no requirement that a wrongfully sued party be compensat­ed for legal fees. This must change.

Rochester-area state Sen. Michael Nozzolio has done his job. The Sene­ca Falls Republican, who chairs the Senate’s Codes Committee, added the item to the body’s agenda last month. It was passed overwhelmingly and can now be brought to the floor for a full Senate vote.

Theoretically.

Prospects were brighter before last weekend, when Cuomo lunged to the left politically. Seeking the endorsement of the state’s liberal Working Families Party for his reelection bid, the governor spoke out against the Senate’s power-sharing bipartisan leadership. That put the brakes on all legislative action.

That’s as disappointing as it is frustrating. With the Assembly already having approved the bill, this important piece of legislation was finally in the home stretch. Lawmakers must now move it across the finish line.

Whistle-blowers, social activists, environmentalists, the media and everyday citizens ought to be able to ask tough questions or speak truth to power in New York without fear of frivolous legal action. State law­makers must not let personal ambition or petty politics obscure the pub­lic good. Act quickly to discourage SLAPP suits. http://rochesterdemocrat.ny.newsmemory.com/

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1 Response to Follow through on SLAPP law – A measure to curb frivolous lawsuits must not fall victim to 11th-hour politics

  1. a12iggymom's avatar a12iggymom says:

    Reblogged this on U.S. Constitutional Free Press.

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