For any of you who have followed the case affectionately dubbed “Rakofsky v. The Internet, it is over.
This was one of the most unsupportable defamation cases I have ever seen filed. There were clear defenses, which ultimately prevailed. But, since it was filed in New York, which does not have a real Anti-SLAPP law, the parties were subjected to years of litigation and defense costs.
And this highlights why we need Anti-SLAPP laws nationwide.
All across the country, we find defamation cases filed – not because any plaintiff really believes that it can win, but because the plaintiff knows that courts rarely grant sanctions and rarely do anything more than what is easy. Part of the problem is garbage judges who shirk their responsibilities, and allow cases to move forward, despite the fact that a drunk first year law student at a fourth tier toilet law school, cross-bred with a chimp, could tell that the case is a piece of shit.
You see, we don’t have that problem where I live, in Nevada. Washington, Oregon, and California based parties have almost as much protection. Texas and DC too. But, if you live elsewhere, or if you even so much as talk about somewhere else, you too might be dragged into a SLAPP suit. And then, you just might draw a lazy or boneheaded judge, and then you may as well strap in for two years of bullshit.
If you live in a state that does not have an Anti-SLAPP law, get the fuck off your ass and start agitating for one. I have provided a model one here. Criticism or comments on it are welcome.