A wealthy Pickens County family is suing a local grocery clerk for criticizing them on Facebook. They say she "misapprehends" her First Amendment rights.
We have filed an anti-SLAPP in response. Let's discuss.
We have filed an anti-SLAPP in response. Let's discuss.
William Cagle, a former Pickens County Planning Commission member, says it is defamatory to call him "homophobic."
In a since deleted Facebook post, he says that trans people are "freaks" who can't "make up their mind where to take a leak."
In a since deleted Facebook post, he says that trans people are "freaks" who can't "make up their mind where to take a leak."
Thelma Cagle says it is defamatory to say she was at the insurrection.
But she also said that she would be in Washington D.C. on January 6 and that it would be "epic."
But she also said that she would be in Washington D.C. on January 6 and that it would be "epic."
On a radio interview, she said that patriots are not going to recognize Biden as President and they are going to do everything possible to ensure that President Trump is sworn in in January.
She also discussed singing the Anthem for Donald Trump.
She also discussed singing the Anthem for Donald Trump.
A friend stated that, along with her daughter, she was part of the "core team" organizing caravans of Georgians to go to Washington D.C. They took a photo together when they got there.
Her daughter, Katie Cagle, said on Facebook that she was helping to organize the Trump rally in Washington D.C. It doesn't sound like she had a good day.
The family didn't just want to sue for money though. They also sought a restraining order to prevent the defendant from ever talking about them again. Her failure to abide by the rules of "polite society" could rob them of their reputation.
The fact of the matter is, if Georgia did not have an anti-SLAPP, this is a battle this wealthy family would have won. Ordinary people cannot afford to defend against frivolous lawsuits. But thankfully, in 2016, Georgia adopted a vigorous anti-slapp, modeled on California.
Under this law, a person talking in a public forum, about matters of public importance, is entitled to force the Plaintiffs to show their case has a chance to prevail, or else face dismissal and payment of fees.
And there's an automatic right of appeal.
And there's an automatic right of appeal.
These laws are tremendously valuable, but much of the work they do is invisible. They deter bad defamation claims. Or they force early settlement.
But every state needs one. Because without them, the truth becomes too costly to speak.
But every state needs one. Because without them, the truth becomes too costly to speak.
Also, and this is a small thing. But when you are suing someone for defamation in a state with an anti-SLAPP, it is unwise to say that you are very important people and the issue is a matter of public concern.
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