Meritless defamation lawsuits can deter legal speech by forcing people to spend time and money fighting them. That is why courts must diligently protect people’s First Amendment rights by quickly dismissing claims that target people’s protected opinions.
That did not happen in a case on appeal to the U.S. Court of Appeals for the Ninth Circuit, Amin v. Winslow, and EFF filed a friend-of-the-court brief last month describing the potential danger to speech when courts let these cases linger.
A whistleblower alleges that the plaintiff, Dr. Mahendra Amin, performed unnecessary medical procedures on women at an Immigrations and Customs Enforcement detention facility. When news reports described the whistleblower’s allegations, author Don Winslow shared news stories about the allegations and criticized Amin over a series of tweets.
Amin’s lawsuit focuses on a single Winslow tweet that he alleges is defamatory. But the First Amendment requires courts to analyze the broader context surrounding any statement. The federal district court hearing the case disregarded this long-standing principle when it denied Winslow’s motion to dismiss the case, according to EFF’s brief.
California law protects people against lawsuits known as SLAPPs, or Strategic Lawsuit Against Public Participation. The state’s anti-SLAPP law allows for motions such as Winslow’s, which should allow for meritless defamation lawsuits to be dismissed quickly.
“The district court’s decision encourages meritless lawsuits against online speakers by allowing plaintiffs to strip disputed statements of their context and evade California’s robust anti-SLAPP statute,” EFF’s brief argues. “Yet the First Amendment requires courts to examine the fuller context of any alleged actionable statement to protect hyperbole and avoid chilling speakers.”
The brief explains why when it comes to online speech—particularly on Twitter—understanding t
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