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Tech Policy Podcast

#23: Getting SLAPPed for Online Speech

Tech Policy Podcast

TechFreedom

Technology

4.846 Ratings

🗓️ 16 February 2016

⏱️ 17 minutes

🧾️ Download transcript

Summary

Online free speech is critical to companies like Yelp and TripAdvisor whose business models depend on consumer reviews. But companies often don’t like what they see on those sites, and can use strategic lawsuits against public participation (SLAPPs) to discourage people from sharing their opinions online. Without anti-SLAPP laws, consumers might end up spending huge sums on legal fees to defend their speech, even when the lawsuits are frivolous. Evan is joined by Moriah Mensah, a recent graduate of Howard University School of Law and a policy intern at the R Street Institute. They discuss the problems with SLAPPs and whether reform efforts like the SPEAK FREE Act will be effective.

Transcript

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0:00.0

Welcome to the Tech Policy Podcast, your source for policy rants and raves from Tech Freedom,

0:10.4

Washington, D.C. advocate for the freedom to tinker and innovate.

0:14.1

I'm Evan Schwarzen Svesterber, your host.

0:15.6

On today's show, getting slapped for online speech, could your Yelp reviews land you in court?

0:22.1

Are lawsuits threatening online free speech?

0:25.1

Joining me in our DC studio to discuss this is Mariah Mensa.

0:28.6

She's a recent graduate of Howard University School of Law,

0:31.8

and she is also a policy intern at the R Street Institute.

0:35.0

Mariah, thank you for joining me.

0:36.4

Hello, I'm happy to be here.

0:38.2

So slaps, these are strategic lawsuits against public participation.

0:42.7

Can you explain what a slap is for our listeners?

0:45.7

Well, a slap is exactly what the acronym would suggest.

0:49.3

So it's when someone gets sued primarily because they've gone out of their way to say something that

0:56.8

somebody doesn't like. And usually that involves a balance of power problem, as in the person

1:03.3

doing the slapping has the ability to fund a lawsuit, whereas the person getting slapped,

1:09.2

generally speaking, can't afford it. And this has the

1:11.6

effect of silencing their speech. So essentially, you know, a customer of a business has a bad

1:16.7

experience. They write a review on Yelp. This is very common. Yelp and TripAdvisor and sites like

1:22.2

that, their entire business model is really built on people being able to say what they want.

1:30.2

So the issue is that when you say something the business doesn't like, even if it's a frivolous lawsuit, just the fact that they have

1:35.2

deeper pockets than you can kind of like bankrupt you? Yeah, basically. So you get slapped with a lawsuit

...

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