Lawmakers Worry Meritless Lawsuits Threaten Free Speech
Texas Tribune—August 13th, 2010
When Dallas developer H. Walker Royall found out about an impending book digging into one of his projects, he went on a lawsuit bender.
He sued the author, Carla Main, and her publisher, Encounter Books. He sued Richard Epstein — the prominent libertarian academic — for a blurb he wrote praising the book. He sued Mark Lardas, who reviewed the book, and the Galveston County Daily News for publishing the review. His suit against Main and her publisher — the lower court dropped Epstein as a defendant on jurisdictional grounds, and Lardas and his newspaper settled with Royall out of court — has since become a poster child for so-called SLAPPs: strategic lawsuits against public participation.
SLAPP plaintiffs use the court system to bury opponents in a crush of legal fees and paperwork of Bleak House proportions. They are not about winning damages. They usually don’t expect to be successful, and their targets often don’t have the money to defend the case. For the wealthy like Royall, and corporations equipped with teams of lawyers and swollen legal budgets, the cost-benefit analysis is easy: Foot the expense of a lawsuit through whatever means available — usually a defamation or libel claim — and enjoy the benefit of intimidating current and future critics into silence.
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