You Will Anyway: Does New York have anti-SLAPP laws?

Sunday, October 25, 2020

Does New York have anti-SLAPP laws?

The Lincoln Project “will not be intimidated by empty bluster”, a lawyer for the group wrote late on Saturday, in response to a threat from an attorney for Ivanka Trump and Jared Kushner over two billboards put up in Times Square.

“Sue if you must,” Matthew Sanderson said.

The Guardian

Odds are it's just a typical Trump response to people who don't kowtow: we'll sue you.

On Friday, Marc Kasowitz, an attorney who has represented the president against allegations of fraud and sexual assault, wrote to the Lincoln Project, demanding the “false, malicious and defamatory” ads be removed, or “we will sue you for what will doubtless be enormous compensatory and punitive damages”.

The Lincoln Project responded that they would not remove the billboards, citing first amendment rights of free speech and the “reckless mismanagement of Covid-19” by the Trump White House.

In a legal response on Saturday night, attorney Matthew Sanderson told Kasowitz: “Please peddle your scare tactics elsewhere. The Lincoln Project will not be intimidated by such empty bluster … your clients are no longer Upper East Side socialites, able to sue at the slightest offense to their personal sensitivities.”

[...]

Trump and Kushner have become public officials whom Americans “have the right to discuss and criticise freely”.

[...]

“May I suggest,” he added, “that if Mr Kushner and Ms Trump are genuinely concerned about salvaging their reputations, they would do well to stop suppressing truthful criticism and instead turn their attention to the Covid-19 crisis that is still unfolding under their inept watch.

[...]

Donald Trump “has honed litigation abuse, as a business person and president, to an art form,” [ University of Richmond law professor Carl] Tobias said. But “if they did sue, the litigation might take years to resolve, be expensive and lead to embarrassing revelations … suits like this by people who have thrust themselves into the public eye are notoriously difficult to win.

“In short, this appears to be the usual Trump family bluster.”

[...]

The Lincoln Project is a group of former Republican consultants who have made it their mission to attack Donald Trump and support Joe Biden.

UPDATE 10/26: Anti-SLAPP in New York

Anti-SLAPP explainer

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"It takes only a bit of knowledge of history to realize how dangerous it is to think that the people who run the country know what they are doing." -- Howard Zinn

"It’s not about not having something to hide; it’s about having something to lose. What we lose when we’re under observation is our humanity...Rights are inherent to our nature, they’re not granted by governments, they’re guaranteed by governments. They’re protected by governments." -- Edward Snowden

"Terrorism is the willingness to kill large numbers of people for some presumably good cause.” -- Howard Zinn

"What we have is a foreign policy which is essentially a marketing strategy for selling weapons." -- Jill Stein

"We should always remember that the danger to societies from security services is not that they will spontaneously decide to embrace [Stasi style] mustache twirling and jackboots to bear us bodily into dark places, but that the slowly shifting foundation of policy will make it such that mustaches and jackboots are discovered to prove an operational advantage toward a necessary purpose.” ~ Edward Snowden

"America: just a nation of two hundred million used car salesmen with all the money we need to buy guns and no qualms about killing anybody else in the world who tries to make us uncomfortable." ~ Hunter S. Thompson

"Let me issue and control a nation's money and I care not who writes the laws." ~ Mayer Rothschild

"News is what somebody does not want you to print. All the rest is advertising." ~ LACUNA

"What matters in journalism isn't politics, which are as universal and inescapable as breathing. What matters -- along with a fundamentally adversarial attitude toward government, without which "journalism" is simply public relations -- is integrity, transparency, evidence, coherence, and principle. These are the principles on which we should evaluate the quality of journalism, and their absence is why some journalists are so desperate to get you to focus on something else." ~ Barry Eisler

"There is no inverse relationship between freedom and security. Less of one does not lead to more of the other. People with no rights are not safe from terrorist attack." ~ Molly Ivins

"The brain of our species is, as we know, made up largely of potassium, phosphorus, propaganda, and politics, with the result that how not to understand what should be clearer is becoming easier and easier for all of us." ~ James Thurber

"The highest patriotism is not a blind acceptance of official policy, but a love of one's country deep enough to call her to a higher plane....When you hold up your arm and swear to uphold the Constitution, you don’t say, 'Except in wartime.'" -- George McGovern

"I’ll believe that corporations are people when Texas executes one." ~ Bill Moyers

"When did hope become a political dynamic? Hope is right below wishful thinking and right above performing a rain dance on the scale of activity." ~ Rich Hall

Life, as Explained in "Rosencrantz & Guildenstern Are Dead"

GUILDENSTERN: What a fine persecution---to be kept intrigued without ever quite being enlightened.

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ROSENCRANTZ : The only thing that makes it bearable is the irrational belief that somebody interesting will come on in a minute.

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GUILDENSTERN: But for God's sake what are we supposed to do?!

PLAYER: Relax. Respond. That's what people do. You can't go through life questioning your situation at every turn.

GUILDENSTERN: But we don't know what's going on, or what to do with ourselves. We don't know how to act.

PLAYER: Act natural. You know why you're here at least.

GUILDENSTERN: We only know what we're told, and that's little enough. And for all we know it isn't even true.

PLAYER: For all anyone knows, nothing is. Everything has to be taken on trust; truth is only that which is taken to be true. It's the currency of living. There may be nothing behind it, but it doesn't make any difference so long as it is honoured. One acts on assumptions.

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GUILDENSTERN : We act on scraps of information... sifting half-remembered directions that we can hardly separate from instinct.

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PLAYER: Life is a gamble, at terrible odds-if it was a bet you wouldn't take it.