As some consumers have found out the hard way, one of the problems with describing one’s experiences with businesses online is the potential to get slapped with a defamation suit for your trouble. It doesn’t really matter whether the suit has a chance of prevailing; the cost of defense makes censoring oneself seem like the best option.

Obviously, this is no good for the kind of reputational ecosystem that can provide other consumers with valuable information about the quality of a service providers’ offerings. That’s why I’m so encouraged by the potential of the Citizen Participation Act (H.R. 4364), a bill currently working its way through Congress that would put in place a nationwide anti-SLAPP law. Under the Act, those sued for exercising their First Amendment rights would have access to a special motion to dismiss. Valid defamation cases could still proceed, but those driven by thin-skinned bullying tactics could be thrown out at the earliest opportunity, complete with attorneys fees paid to the defendant.

While California has long had a such a law – and Washington just got one – most state anti-SLAPP laws are non-existent or anemic in coverage. A robust nationwide standard is long overdue. If you’re interested in supporting the bill, visit the Public Participation Project website or write your representative.

This entry was posted on Monday, June 28th, 2010 at 10:02 am by Josh King, VP of Business Development and General Counsel and is filed under Josh King Posts. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.