This is the ugly truth of the legal system: litigants and lawyers can manipulate it to impose huge expense on defendants no matter what the merits of their complaint. Censors can abuse the system to make true speech so expensive and risky that citizens will be silenced. Regrettably, Ohio does not have an anti-SLAPP statute, so Med Express and James Amodio can behave in this matter with relative impunity. If Ms. Nicholls has to incur ruinous legal expenses to vindicate her rights, the bad guys win, whatever the ultimate outcome of the case.
Unless, that is, you will help Amy Nicholls stand up — not for $1.44, but for the freedom to speak the truth without being abused by a broken legal system.
If you are an attorney practicing in Medina County, Ohio, please consider offering pro bono assistance. Mr. Levy will be coordinating assistance, and I can tell you from personal experience that it is a privilege to work with him. Help give Med Express and James Amodio the legal curb-stomping they so richly deserve. Justice, karma, and the esteem of free speech supporters everywhere will be your reward.
If you aren't an attorney, you can help, too. Med Express should not be permitted to act in this manner without consequence. The natural and probable consequence is widespread publication of their conduct. Help by publicizing the case on Facebook, Twitter, on your blog, on forums, and on every other venue available to you. Ask yourself — would you want to do business with a company that abuses the legal system to extract revenge against customers who leave truthful negative feedback?
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Windmills Tilted, Scared Cows Butchered, Lies Skewered on the Lance of Reality ... or something to that effect.
Windmills Tilted, Scared Cows Butchered, Lies Skewered on the Lance of Reality ... or something to that effect.
Thursday, April 18, 2013
Med Express uses broken Ohio law to silence critics who say true things
Are you a lawyer in Ohio? If so, your pro-bono services are urgently
needed to defeat a trollish, bullying legal action from Med Express, a
company that sells refurb medical equipment on eBay. The company is
suing one of its customers for providing accurate, negative feedback on
eBay's comment system, trying to establish a precedent that saying true
things on the Internet should be illegal if it harms your business.
They're relying on the fact that Ohio has no anti-SLAPP laws -- laws
designed to protect people against the use of litigation threats to
extort silence from critics -- and have admitted that, while they have
no case, they believe that they can use the expense of dragging their
victims into an Ohio court to win anyway. Ken from Popehat has more:
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