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View Diary: How Shell is trying to send a chill through activist groups across the country (175 comments)

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  •  This passage distinguishes the case from (2+ / 0-)
    Recommended by:
    The Octopus, VClib

    the diarist's scenarios:

    Anyone who wants to silence a protest outside a convention, a disaster site, or any political space would have legal precedent to do so for as long as their lawyers could keep the case in court.
    Well, no, says the court; sidewalks outside conventions or political spaces are "quintessential public fora," so this decision most certainly doesn't provide any precedent.
    •  That doesn't (3+ / 0-)
      Recommended by:
      3goldens, Words In Action, KenBee

      prevent any "abused" corporation from filing a lawsuit (heard of SLAPP?) anyway.

      The typical SLAPP plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism.

      Delay and cost are always sufficient when you're playing the long game.  

        And, if you're in denial about the likelihood of innumerable false claims of intimidation, delay, physical risk,  or bunions, which will be filed to entangle legitimate protests, then it must really be willful.

       Either that or hurry up and you may be able to catch back up to the turnip wagon. And this time, hold ON!

      •  But Shell won...and the 9th Circuit said (3+ / 0-)
        Recommended by:
        johnny wurster, The Octopus, VClib

        they would likely win on the merits, too.  The defendant didn't succumb.  

        •  I think the argument there (2+ / 0-)
          Recommended by:
          Words In Action, KenBee

          is that this will be used by other companies that don't have a clear cut case like this. At least, that's the only argument that makes sense in that respect. I think it's a legitimate worry. It seems like there has been a big expansion of the use of injunctions for barring various forms of protest and association lately. Not sure if there really has been or if it's just my perception.

          If debt were a moral issue then, lacking morals, corporations could never be in debt.

          by AoT on Tue Jun 18, 2013 at 11:07:33 AM PDT

          [ Parent ]

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