Government is big and powerful. We individuals are relatively weak and powerless. Only our voice and vote protect us against the big powerful government.
The current power structure in Tallahassee wants to limit your voice by increasing the ability of the rich and powerful, including elected officials, to sue you for what you say or write. Their proposed bill should make you very afraid.
Adam Shulman, with The Hamilton Lincoln Law Institute, a right-leaning small government freedom of speech organization, said, “One of my largest concerns with the (Florida) bill is the rolling back of the anti-SLAPP protection for defamation defendants. That’s just moving in the wrong direction.”
A SLAPP (Strategic Lawsuit Against Public Participation) lawsuit is filed by the rich and powerful, including the government, against those without money or power. When a powerful entity files an intimidating lawsuit against the individual, they know individuals do not have the same sized pocketbook to pay legal bills. A SLAPP lawsuit forces the less powerful into silence because of fear of financial ruin. The Republican Party in Florida wants to make SLAPP lawsuits easier to file by the rich and powerful against the small fry of this world.
Didn’t like your old boss and said something unkind? Congratulations, under this proposed law, you will be sued for defamation. Who has the bigger checkbook to pay lawyers — your old boss or you?
Didn’t like a restaurant and told a friend or posted it on Facebook? Congratulations, you may be able to be sued for defamation. Do you have the money to defend yourself?
Did you make an unkind comment about your child’s teacher? They can sue you for defamation, and you must hire an expensive attorney to defend yourself.
This law also changes the rules for libel. The Republicans in Florida are removing the “actual malice” requirement for libel of a public figure. Actual malice is writing or speaking knowing ahead of time what you are saying is false, or reckless disregard for the truthfulness of what you say. In Florida, conservative Fox News would be negatively affected as much as the liberal New York Times.
Fox News defeated a defamation lawsuit brought by a woman who allegedly had an affair with Donald Trump after Tucker Carlson said she had “extorted” money from Trump. The court found she had not established a plausible claim for actual malice. Fox would likely lose that case under the proposed Florida law.
This law doesn’t just affect the media. This terrible bill’s ill effects would stretch far and wide, including businesses and religious institutions.
In one case, an anesthesiologist brought a defamation claim against the hospital over comments to the hospital’s anesthesia contractor, which employed the anesthesiologist, that the hospital was concerned about the anesthesiologist’s behavior and wanted him removed from the hospital. That was dismissed. Under the new law, the hospital would be liable for defamation for telling a service provider they did not want one of their people on site and why.
Governor DeSantis and the elected Republicans in Tallahassee have framed this as stopping the big liberal media. Big media has money to defend themselves. This law, in particular, silences the voice of individuals. You can’t afford to be sued for an off-hand comment.
This proposed law is part of Ron DeSantis polishing his populist credentials as he runs for president. It is a populist move too far. This proposed SLAPP in the face hurts the freedom of speech rights of everyone. The small fry most of all.
Call your state senator and tell them this bill is a bad idea.
What do you think? Share your thoughts.
State Senator Erin Grall represents Highlands County. Contact her at 3209 Virginia Ave., STE. A149, Fort Pierce, FL 34981 or call 772-595-1398.
David Dunn-Rankin is CEO of D-R Media, which owns the Highlands News-Sun and the Highlands Sun, as well as newspapers in Lake, Polk and Sumter counties. He can be reached at David@D-R.Media .
