This page was last updated on January 06, 2009
by: Larry Walker, 6/2/06
SLAPP: Strategic Litigation Against Public Participation
While they may contain a monetary motive, the general purpose of SLAPPs is
to limit or "chill" participation in the governmental process by
the non-governmental public. Such lawsuits generally use allegations of
libel and defamation as a vehicle into the court system.
SLAPOD: Strategic Litigation Against Performance of
I believe that the recent
Supreme Court ruling in Garcetti v. Ceballos will spawn a new class of
lawsuits that I call SLAPODs. These lawsuits will be patterned after SLAPPS
with the exception that they will target public employees instead of the
non-governmental public, and their primary purpose will be to limit or
"chill" public employees from performing their official duties
under threat of being sued personally and individually for alleged libel and
defamation even when acting within the scope of employment.
SLAPOD2: Strategic Litigation Against Performance of
Official Duties - RICO
SLAPOD2s would be a variation of and similar to SLAPODs in all respects
except that they would use allegations of conspiracy and racketeering
under the RICO statute, either alone or in combination with allegations
of libel and defamation, as the vehicle into the court system
An example of a case that I believe either is, or will morph into a
SLAPOD2 is the Wyoming
Grazing Dispute (scroll down about half way at the linked page).
As a layman, I may be totally wrong and off-base. If I am not, then I believe
that the triad of SLAPP/SLAPOD/SLAPOD2 has the potential to just about totally
paralyze government as we know it.
If this scares the hell out of you, then I believe that it should - it