Monday, November 9, 2009

Malicious Lawsuits-How to Protect Yourself

People who blog or otherwise speak out on controversial issues are often in danger of being sued. If what one writes is over the line, then perhaps, the lawsuit is justified. Often, however, the lawsuits are intended to silence you. In the present climate, those who criticize Islamic extremism or speak out against terror are often in danger of being sued by people like the Council on American Islamic Relations (CAIR). They are the ones who engineered the lawsuit against US Air in the wake of the "flying imams" incident. They even tried to go after the passengers who complained to the US Air crew about the strange behavior of the imams. Many believe the incident was deliberately orchestrated, yet US Air settled. If you think you might be sued over what you say or what you write about public issues, here are some tips to keep in mind. (I am not a lawyer.)

If you feel the suit is malicious or trivial and designed to silence you from speaking out on a public issue, consider a SLAPP counter suit. SLAPP stands for "Strategic lawsuit against public participation". A few years ago, Orange County attorney Todd Gallinger, representing a northern California Islamic charity, filed a lawsuit against Yale University Press over a book that named the charity as a front for terrorist funding. Yale counter filed with a SLAPP law suit, at which time, Gallinger dropped the case.

http://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation

If someone like CAIR comes along and tries to sue you, find a legal entity willing to do pro bono representation in your cause and do it aggressively. They are out there. The Thomas More Law Center, for example, has taken on similar type cases. (This represents no commitment on their part. I am not speaking for them) In addition, you are entitled to demand a full accounting of the funding and background of the organization or group that is suing you.

Keep records of what you write and say. Also keep records of what the person or group suing you has written or said.

Make sure your home insurance covers the full value of your home. Keep in mind, however, that if they represent you in court, they have the right to make a settlement.

Finally, and especially in the wake of recent developments, try to be responsible and not paint all Muslims with the same brush. We must continue to speak out against terrorism and radical Islamists. There must, however, be no retribution or backlash against innocent people including other Muslims serving in our armed forces.

This is not expert legal advice, just some tips.

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