Albany Times Union

Slapped down

Cuomo OKS bill fighting “baseless” legal actions

- By Edward Mckinley

Cuomo signs into law a bill designed to eliminate frivolous lawsuits./

Gov. Andrew M. Cuomo on Tuesday signed into law a bill designed to eliminate frivolous lawsuits intended to silence or impose economic pain on whistleblo­wers, journalist­s and activists.

Such legal actions are known as “strategic lawsuits against public participat­ion” or SLAPP suits. They are “essentiall­y baseless lawsuits more or less intended to siphon free speech by threatenin­g plaintiffs,” said Sen. Brad Hoylman, D -Manhattan Democrat, the measure’s sponsor in that chamber. “The goal isn’t necessaril­y to win a case on the merits, but to intimidate or harass or maybe even bankrupt the defendants into silence.”

SLAPP lawsuits are used frequently by developers or people with personal wealth who want to quash public criticism, he said. They were a frequent tactic of President Donald J. Trump during his years as a highprofil­e Manhattan developer.

“Trump has never met a lawsuit he doesn’t like, apparently. Never met a lawsuit that he doesn’t want to file. It’s definitely risen in the public consciousn­ess as you see in his MO and the MO of ... Harvey Weinstein and others,” Hoylman said, alluding to the former movie producer brought low three years ago after decades of preying on women in the industry.

The purpose of the legislatio­n, which passed both chambers overwhelmi­ngly, is to “make the plaintiff have some skin in the game,” the senator said.

The law creates a legal procedure early in the process to sort between good- and badfaith lawsuits. It automatica­lly awards legal fees to defendants if a judge finds that a plaintiff has brought a SLAPP lawsuit against them.

An existing anti- SLAPP law on the books in New York is far more narrow than those of other states — particular­ly California, whose law is the model for New York’s improved statute. New York’s old law was limited as to who and under what circumstan­ce it applies, and didn’t require that lawyers fees be awarded to the targets of SLAPP lawsuits.

“It seems so obviously important to everyone — but particular­ly New York,” said Nadine Strossen, former head of the American Civil Liberties Union.

The state’s status as the media capitol of the United States makes it all the more important that plaintiffs with legitimate claims aren’t boxed out of the process by anti- SLAPP laws, she said.

When SLAPP lawsuits are allowed to proceed unimpeded, Strossen said, it can create a “chilling ” effect on free speech, which hurts not just the activists, whistleblo­wers or journalist­s who are often the targets of these suits, but also the general public that suffers from those voices being silenced.

The bill was supported by the free speech groups such as the Reporters Committee for Freedom of the Press, as well as the Lawsuit Reform Alliance of New York.

In a statement, Cuomo said the new law “protects New Yorkers’ fundamenta­l right to free speech without fear of harassment or bullying by those who happen to have more money than they do.”

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