Legal ThuggeryPosted: April 15, 2013
Reading Popehat tonight I came across this article. Apparently eBay seller Med Express Sales thinks that just because Ohio doesn’t have an Anti-Slapp law, that it can blatantly flaunt the legal system, threaten, extort, and generally become a vexatious twat-waffle over an admittedly truthful review.
Luckily Amy Nicholls has the free-speech-guru-attorney Paul Levy of Public Citizen on her side. The fact that good decent people like Mr. Levy exist is a comfort to those who he can help when such legal nonsense happens, however Paul Levy is but one man, and the world is filled with numerous censorious douchebags. Mr. Levy even helped me recently claim a valant victory over the forces of censorship, legal thuggery, and bad behavior. This is why we need a national Anti-Slapp law, to prevent such blatant abuses of the legal system and shoot down expensive lawsuits before people who might not know all their available avenues fold or are forced to incur massive legal fees.
This is especially true when the vexatious twat-waffle, knows for a fact that they have no legal precedent backing up their claims. These sort of thugs dare you to risk financial ruin just to protect your constitutional rights. Mr. Levy writes:
I contacted James Amodio, Med Express’s lawyer, to explain to him the many ways in which his lawsuit is untenable. He readily admitted that, as the complaint admits, everything that the customer had posted in her feedback was true; he did not deny that a statement has to be false to be actionable as defamation; but he just plain didn’t care. To the contrary, he told me that I could come up to Medina, Ohio, and argue whatever I might like, but that the case was going to continue unless the feedback was taken down or changed to positive. And he explained why his client was insisting on this change — he said that it sells exclusively over eBay, where a sufficient level of negative feedback can increase the cost of such sales as well as possibly driving away customers.
Obviously Mr. Amodio is using the new legal tort: Whatever, whatever, I do what I want. Which is a most popular tort these days. However it is just as imaginary as my alter-egos obsession with dinosaurs. Our legal system is many ways is a shambles, patent law is a mess, and companies use lawsuits as business strategies, and those in positions of financial power think they can even use the judiciary or the threat of it’s power to silence us, remove our rights, and terrify us into silence. This cannot be allowed to happen. Luckily good people stand up to these forces every day like Kenneth P. White, Paul Alan Levy, Catherine Gellis, Adam Steinbaugh, and so many others.