SLAPPs: Strategic Lawsuits Against Public Participation

Courts are for those who seek justice, not revenge. Yet a growing number of powerful corporations are using the courts for just that — to silence those who dare to speak out against them.

The following short article refers to the use of SLAPPs in the USA, but the criminalisation of protesters and activists is a tactic frequently used in Central America against those who oppose large-scale ‘development’ schemes such as mines, hydro-electricity dams, plantation agriculture and similar. Many organisations in Central America are experiencing the same onslaught of SLAPPs as those in the USA, so it is appropriate to include this article here despite its focus on North America rather than Central America.

24th Sepember 2018

Courts are for those who seek justice, not revenge. Yet a growing number of powerful corporations are using the courts for just that — to silence those who dare to speak out against them.

These lawsuits, known as SLAPPs or ‘Strategic Lawsuits Against Public Participation’, aren’t meant to win in court. They often rely on outlandish claims of corruption, collusion, and conspiracy that won’t prevail in a court of law. Yet corporations with deep pockets use SLAPP suits as a way to waste the time and exhaust the resources of public-interest journalists, activists, and non-profits. These lawsuits have a chilling effect — discouraging activists, silencing critics, and limiting free speech. And they’re part of a much broader trend of attempts to shrink civil society space and shut down activism — from the adoption of anti-protest laws in states across the US, to restrictions on political rights at the upcoming climate negotiations, to the murders of environmental defenders in record numbers last year.

After indigenous groups, environmentalists, and concerned citizens protested the Dakota Access Pipeline in 2016 and 2017, Energy Transfer Partners, the company behind the project, filed a $900 million lawsuit against our partners accusing them of racketeering and corruption. The actions of one of those groups, BankTrack, consisted of sending public letters to financial institutions that were backing the pipeline — far from criminal.

Even CIEL has been the target of companies’ underhanded tactics. The day after Mr. Trump’s election, our own president Carroll Muffett was the recipient of a subpoena by ExxonMobil for our work exposing Exxon’s long-held knowledge of the climate crisis and attempts to stifle regulations that could have prevented it. The subpoena is part of a broader campaign of intimidation against climate advocates who are working to bring the truth to light.

That’s why we helped to launch the Protect the Protest Task Force, joining nearly twenty other organizations to unite our knowledge and expertise to confront these threats. From experienced lawyers and journalists, to communications professionals and activists, we stand stronger together: An attack on one is now an attack on all.

As part of the coalition, we are helping to raise awareness of SLAPP tactics and expose the worst offenders, as well as providing resources and mobilizing a network of attorneys to defend against SLAPPs, especially for individuals and small organisations with limited resources.

Corporate bullying of activists threatens our democracy. All of the social progress we’ve made throughout history has depended on the ability to speak out against injustices, so we’re taking a stand.