Defense of Activists in SLAPPs and other Lawfare
什么是“报复性诉讼”?
CLDC 的律师们在为社会和气候正义活动家及组织辩护了反对’策略性公众参与诉讼”(SLAPP)方面取得了成功,这类诉讼旨在扼杀言论自由,特别是异议。财大气粗的企业霸凌者有着长期而可耻的记录,他们通过提起 SLAPP 诉讼来恐吓气候正义和其他进步活动家及组织。他们持续提起这些诉讼,唯一的目的是耗尽活动家的资源,浪费他们的时间(这会影响人们为社会运动做出贡献的努力),并造成焦虑。所有这些因素都会产生一种寒蝉效应,损害言论自由的行使。例如,因活动家仅仅是公开反对公司不当行为就提起的诽谤(笔误和污蔑)诉讼。SLAPP 诉讼通常指控被告活动家或组织诽谤或其他形式的侵权不当行为,看似合法地 framing 诉讼,但其真实目的是恐吓和压制活动家,并侵害言论自由权。CLDC 是在保护活动家及其运动免受违宪 SLAPP 诉讼威胁方面的全国性专家。我们拥有丰富的诉讼书库和法律资源,可供律师使用。如果您是代表环境或社会变革活动家进行辩护的律师,请 联系我们。. 我们是国家的一名自豪、活跃的成员 保护抗议联盟, ,它保护那些遭受SLAPP诉讼攻击的人,并就SLAPP诉讼对活动家和公众进行教育。通过这个过程,我们作为一个联盟传达了我们相互支持的信息,并表明当公司恶霸攻击我们中的任何一个人时,他们就是在攻击我们所有人。CLDC的律师为我们的客户驳回了Resolute Forest Products和Energy Transfer Partners(现称为Energy Transfer)对气候正义活动家提起的SLAPP诉讼。我们还击败了尤金的’大麻纳粹’,他试图对一名尤金当地的反法西斯活动家提起SLAPP诉讼,因为她被揭露为白人民族主义者。我们期待在反对恶意SLAPP诉讼中取得更多胜利!
"Weed 9" Lawsuit: Water for Citizens of Weed California et al. v. Churchwell White LLP et al.
CLDC lawyers provided legal support for the “Weed 9,” and Water for Citizens of Weed, California (WCWC), nine members of the Weed community who faced a SLAPP suit brought by Roseburg Forest Products in their effort to control a local water source. That SLAPP suit against our clients was dismissed, and our clients were awarded attorney fees under California's SLAPP statute. Roseburg Forest Products' lawsuit came in response to the nine citizen activists voicing their concerns about their small city losing access to a vital public spring water source to the interests of the private logging company. RFP's attorneys asserted that they were just trying to resolve legal ownership issues regarding the water supply, but neither WCWC nor the nine people RFP's attorneys named in the suit had ever made any personal claim to the rights or title to the water supply — a fact the law firm admitted at the time. Yet even with that knowledge, the law firm appealed the court rulings and dragged the defendants through two more years of legal proceedings. Several of the nine activists are former mayors — some who are now in their 80s and 90s. The activists had participated in town meetings and taken other grassroots actions as members of WCWC, to educate their community about the threat to their water supply. After writing a letter requesting assistance from a state agency, and speaking out during a local meeting, they found themselves in court being sued by a $900 million timber company. California's SLAPP statute also includes what is known as a "SLAPPback" provision, allowing people who have been hit with a SLAPP suit to turn around and sue the "SLAPPer," for emotional distress damages and other remedies that go beyond an attorney fee award for having to defend the initial SLAPP suit. In April 2020 CLDC filed a SLAPPback suit against the Sacramento law firm Churchwell White LLP and two of its attorneys, alleging that they engaged in malicious and unlawful conduct when they (on behalf of their client, Roseburg Forest Products) filed the lawsuit against the Weed 9 and WCWC. We recently submitted our final brief on appeal in the "SLAPPback" lawsuit, and hope to have oral argument soon.