Support HB 95: Stop SLAPP Suits in Pennsylvania!

Support HB 95: Stop SLAPP Suits in Pennsylvania!

Chief Sponsor, State Rep. Russ Diamond (Home Page)

Sunday, August 25, 2019

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Ten (10) Elected Officials Voted to Approve PSBA's SLAPP Suit - Using Public Money from School Districts (scroll down)...


PSBA's 2017 Board of Directors (SLAPPers):

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July 2017 - PSBA SLAPP Suit Begins

  • On July 17, 2017, the taxpayer-funded Pennsylvania School Boards Association (PSBA) announced it had filed a SLAPP Suit against me in the Cumberland County Court of Common Pleas. PSBA alleged  I had done three (3) illegal things:
  1. These website  images were "defamation"
  2. This May 2017 Right to Know request was "abuse of process" because it was sent to all public school districts in PA (in Items 15-22 I was seeking to know what PSBA is doing with the millions of dollars of public money it gets sent.
  3. The May 2017 Right to Know request was "tortious interference with contract" (I had called upon school districts to terminate their taxpayer-funded relationship with PSBA).
Defamation and tortious interference are common SLAPP tactics. These kind  of torts can be legitimate when used by serious plaintiffs with a serious claim, but when used as PSBA used them they are frivolous SLAPP tactics. Abuse of process is not a common SLAPP allegation. PSBA sued me just for making Right to Know requests. Merely exercising my legal right to ask government entities to give me information got me sued. Even in the SLAPP world that is highly unusual. Other SLAPP tactics include mis-using torts such as civil conspiracy, international emotional distriss, and commercial disparagement.
  • On October 20, 2017, ACLU sent them a letter warning of a First Amendment retaliation lawsuit if they didn't back down and withdraw the SLAPP Suit:

Dec 2017 - SLAPPers Offer a 'Settlement' Designed to Control My Speech:

Dec 2017 - When the SLAPPers' Offer to Control My Speech is Rejected They Doubled Down and Filed An Amended SLAPP Suit

In the amended SLAPP Suit on 12-11-17 the fascists repeated all the orginal claims and added new ones saying these images are defamation too. The SLAPP suit remains pending in state court, lying dormant at the Preliminary Objection stage, because I sued PSBA and the ten (10) elected officials on federal court.

Feb 2018 - Federal Court Action Begins (PSBA and ten school board directors sued for First Amendment retaliation)

To see the action in federal Court click here. On August 23, 2018, the Hon. Senior Judge Dubois ruled that PSBA's SLAPP suit was "objectively baseless" (page 25) because all my speech and petitioning activites were "protected by the First Amendment" (page 14).