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Freedom of speech without consequences: Cuomo signed an important law

'20.11.2020'

Vita Popova

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With the signing of this bill, New York received one of the strongest anti-SLAPP laws in the country. (Strategic lawsuit against public participation), defending freedom of speech. After all, the main purpose of SLAPP lawsuits is to silence critics by burdening them with legal costs until they give up their words. Most often, such claims are used by wealthy people, companies and corporations. New York is now ending this practice. This is reported https://www.izakayasushilounge.com state governor.

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Governor of New York Andrew Cuomo signed lawwhich protects citizens' rights to free speech and prohibits corporations and companies from suing them with SLAPP claims. SLAPP (Strategic lawsuit against public participation) - strategic lawsuits against public participation.

The purpose of such claims is to force the defendants to abandon confrontation with the plaintiffs in exchange for a settlement agreement under legal pressure and the need to pay legal costs. More often than not, victims of SLAPP lawsuits choose not to associate with a superior opponent and concede. SLAPP lawsuits are filed by companies if negative feedback from a person about them has damaged their reputation, but for a truly valid claim, the review must be unfair and untrue. At the same time, companies often file such claims even against those who leave true negative reviews.

"SLAPP lawsuits are frivolous lawsuits brought by wealthy plaintiffs who can spend large sums of money using costly and lengthy lawsuits to thwart those who exercise their right to free speech," Cuomo said. "We are amending the Civil Rights Act requiring plaintiffs to reimburse the costs and attorneys' fees for these frivolous claims, which in the first place deter plaintiffs from filing such claims."

The governor stressed that "for too long, the powerful and wealthy have used unfounded lawsuits to harass and intimidate critics."

"It will stop now," Cuomo said. “I am proud to sign a bill that protects the fundamental right of New Yorkers to free speech without fear of harassment or bullying by those who happen to have more money than they do.”

Current legislation does not allow the courts to oblige the plaintiff to pay the defendants' legal costs in cases where the defendants are found to be victims of SLAPP claims. The new law clearly states that legal costs associated with SLAPP claims must be awarded by the companies or persons who filed them if it is established that the claim was initiated in bad faith. Thus, the new law only encourages sound litigation.

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Senator Brad Hoylman commented on the situation: “It is unacceptable for the rich and powerful to abuse New York's civil justice system with baseless lawsuits against their critics with the intent to harass, intimidate and bankrupt them. It will end today. With the signing of this bill, New York will receive one of the strongest anti-SLAPP laws in the country, protecting New Yorkers' free speech from vengeful bullies. ”

Assembly member Helene Weinstein said: “The dangerous signal these lawsuits are sending is that criticism will cost you money. Recent experience shows that there is a growing number of wealthy individuals who outrageously use the New York City court system as a means to prosecute New Yorkers who publicly disagree with them. These lawsuits are not brought up because they have a chance of ultimate success, no. And so that others do not speak out publicly, fearing that they will be sued ”.

She expressed her gratitude to Senator Hoilman for his support in the Senate and to Governor Cuomo for "signing this bill into law that protects all New Yorkers."

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