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November 2020
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About Time: NY Governor Cuomo Signs Anti-SLAPP Law

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Back in July, we noted that after years of living with a pathetically weak anti-SLAPP bill, the NY legislature had finally approved a more significant anti-SLAPP bill. It's incredible that it has taken this long, given that much of the media industry is based in New York, and for so many years has been open to a barrage of ridiculous SLAPP suits, since the old law only covered speech made in the process of petitioning the government. Also, unlike most anti-SLAPP bills, New York's did not have automatic fee shifting, which would make the vexatious litigant have to pay for the legal costs of the defendant.For unclear reasons, the bill sat on Governor Andrew Cuomo's desk unsigned for months. However, that finally ended yesterday as he has now signed the bill into law:

Governor Andrew M. Cuomo today signed legislation that protects citizens' rights to free speech and petition by deterring abusive "strategic lawsuits against public participation," known as SLAPPs. SLAPP lawsuits are frivolous litigation brought by affluent plaintiffs who have the ability to spend large sums of money by using expensive and time-consuming litigation to obstruct those exercising their right to free speech. The legislation amends the Civil Rights Law to require costs and attorney's fees to be recovered regarding these frivolous lawsuits, which will deter plaintiffs from bringing such lawsuits in the first place."For too long, powerful and wealthy interests have used frivolous lawsuits to harass and intimidate critics by burdening them with exorbitant legal fees and time consuming legal processes. That ends now," Governor Cuomo said. "I am proud to sign this legislation, which protects New Yorkers' fundamental right to free speech without fear of harassment or bullying by those who happen to have more money than they do."
It's good to see yet another state improve their anti-SLAPP laws. There are still many states with no anti-SLAPP laws or weak ones -- and there still is no federal anti-SLAPP law at all. It's about time that the new Congress and a new President support such a law next year. Over the last four years, we've seen a massive flurry of SLAPP suits, designed to intimidate and suppress speech, even by thin-skinned members of Congress (one assumes Devin Nunes is a no vote on any federal anti-SLAPP law). Such a bill should receive overwhelming support in Congress and would protect the free expression rights of every American.

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posted at: 12:00am on 13-Nov-2020
path: /Policy | permalink | edit (requires password)

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Beijing Ends Democracy In Hong Kong By Ousting Pro-Democracy Lawmakers

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In the aftermath of our recent election, with all of the exuberance on one side and the laughable claims of stolen elections on the other, one underlying concern discussed before the election seems to have gone by the wayside: what happens in the last days of the Trump presidency if he loses? You heard the most prevalent concerns in the immediate runup to election day, which typically amounted to wondering aloud what unhinged or corrupt shit Dear Leader would get up to when his Dear-Leadership suddenly carried an expiration date? It was, frankly, a fair concern to have.But there is a flip side to that fear: what will other countries do in the final days of the Trump presidency, particularly those that have gotten used to his lax attitude towards authoritarianism, human rights abuses, and most of the goings-on around the world? Would Russia attempt to gobble up more previously-Soviet territory, a la Crimea? Would Saudi Arabia carry out more brutal attacks on journalists critical of the Saudi Royal Family? Would China give up its slow-crawl dismantling of democracy in Hong Kong and just try to take over?Well, on that last one at least, we now know the answer is yes. In fact, it was only in the wake of the election in America being called for President Elect Biden that China rushed through a resolution to oust four pro-democracy members of the Hong Kong government, seemingly for being too anti-Beijing.

The Chinese Parliament on Wednesday adopted a resolution that pushed out four pro-democracy lawmakers in Hong Kong, prompting more than a dozen of their colleagues to resign en masse. According to The Associated Press, China’s National People’s Congress Standing Committee passed a directive stating that any lawmaker may be removed from their position if they support Hong Kong’s independence, refuse to recognize China’s authority over the city, threaten national security or call for external intervention in its affairs.
Pay no mind to that language in the directive. As with all things mainland China, one must look at all of this through Orwellian eyes. The language in the directive is meant to sound just reasonable enough to remain full vague, which allows Beijing to yank away any lawmakers that say things the Communist Party doesn't like. Those sorts of utterances include anything pro-American, anything pro-democracy, or anything that promotes independent governance of Hong Kong. That the ouster of four members of the government immediately prompted fifteen more assembly members to resign, leaving literally zero assembly members that are not Beijing sycophants should tell you everything you need to know.It's hard to overstate how brazen a ramp up of aggression this move represents. It was only months ago that protests in Hong Kong were raging and Carrie Lam pretended to back off from the mainland's odious new laws over the island city. What changed?Well, between the COVID-19 pandemic gobbling up all the world's attention for a good chunk of the year combined with the vacuum left by a man-baby refusing to leave office gracefully, the Chinese government has probably determined that now is the time to make a move before the new administration sits in power. But if Beijing thought Hong Kong would go quietly, it hasn't been paying attention these past few years.
During the news conference, the lawmakers reportedly held hands and chanted, “Hong Kong add oil! Together we stand!” According to the AP, the phrase “add oil” is a direct translation of a Chinese expression of encouragement.“My mission as a legislator to fight for democracy and freedom cannot continue, but I would certainly go along if Hong Kong people continue to fight for the core values of Hong Kong,” one of the disqualified members, Kwok Ka-Ki, told reporters, according to Reuters.
The protests will rage once more. And, whereas the American government as it currently stands once gave lip service to those protests, now the Chief Executive for the next several weeks is far too busy golfing and raging at election results to concern himself with democracy abroad.

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posted at: 12:00am on 13-Nov-2020
path: /Policy | permalink | edit (requires password)

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