Courts Must Dismiss SLAPP Suits Similar to the One Against Greenpeace

Distributed by Trice Edney Newswire.

In 1996, Texas cattle ranchers sued Oprah Winfrey for over $12 million, claiming her show on mad cow disease hurt their business. Without an anti-SLAPP law, Winfrey fought the lawsuit in court for six weeks before winning.

SLAPP suits, or Strategic Lawsuits Against Public Participation, aim to silence people on public interest issues. These lawsuits often misuse free speech protections to harass critics. Primarily used by wealthy entities, SLAPP suits divert targets’ resources into legal defenses. This tactic is increasingly employed by the fossil fuel industry to stifle environmental advocacy.

Currently, Energy Transfer, behind the Dakota Access Pipeline (DAPL), is suing Greenpeace for over $300 million. The company alleges Greenpeace led protests against the pipeline, defaming Energy Transfer and causing financial losses.

The movement to stop the pipeline was initially led by the Standing Rock Sioux Tribe, aiming to protect their water supply and sacred sites. Tribal leaders garnered support from numerous organizations and activists. Energy Transfer’s suit undermines the tribe’s authority and agency in organizing the anti-DAPL movement.

Greenpeace’s involvement in the protests was limited, with minimal on-ground organizers and social media support. According to Tefere Gebre, Greenpeace’s Chief Program Officer, this lawsuit could set a precedent for corporate America to stifle opposition by leveraging legal tactics.

The initial lawsuit was dismissed in federal court, but Energy Transfer refiled it in North Dakota, which lacks an anti-SLAPP statute. Currently, 34 states and the District of Columbia have anti-SLAPP laws. Greenpeace previously defended against a SLAPP suit in California, invoking the state’s anti-SLAPP law to dismiss claims.

Energy Transfer’s suit could transform SLAPPs into tools for eliminating opposition. The rights of tribes, workers, and consumers are at risk. This case aims to suppress grassroots movements before they gain traction.

Grassroots organizations must unite against such tactics. Congress should pass a federal anti-SLAPP law to standardize the definition of SLAPP suits nationwide. Representative Jamie Raskin introduced such a bill in the last Congress.

Raising awareness is crucial. Gebre emphasizes, “If corporations can buy their own law, it’s like buying their own elected officials. We must speak up and stop this from happening. We need solidarity, not sympathy.”