Recent California Court verdict demonstrated another victory of FREE SPEECH in the Land of Free.
"Dr.
Aaron Filler filed a complaint against former patient Susan Walker in
Los Angeles Superior Court on May 31, 2011. In his complaint, Filler
alleged defamation and interference with prospective economic advantage
in response to Walker's review of Dr. Filler on a physician rating site.
On August 24, 2011, Walker filed a motion to strike based on
California Code of Civil Procedure §§ 425.16 and 45, California's
anti-SLAPP statute. Walker's motion argues that Walker is shielded from
liability as the "dissemination of consumer information about medical
care is a vital ‘public issue' and the internet is a ‘public forum,' and
that Dr. Filler is a public figure subject to the burden of proving
actual malice. Filler filed an opposition to this motion on September
16, 2011, also requesting leave to amend the complaint to plead more
specific factual allegations to establish actual malice. Walker replied
to Filler's opposition on September 22, 2011.
After a hearing on April 19, 2011, Walker's motion to strike was granted. In the order filed on May 8, 2012, Judge
Elizabeth White held that Filler's claims arose from Walker's act of
free speech in connection with a public issue under CCP § 425.16 and
that Filler did not establish a probability of prevailing on these
claims. In accordance with this order, Judge White later ordered Filler
to pay $50,259.65 to Walker for attorneys' fees and costs."
RK Centers, Raanan Katz and their alleged defamation case targets Free Speech in Florida - "NO SOUP FOR YOU!!!"
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