Reply to Clatterbuck re ethics and action

[JKM1993@aol.com]

Received the following...my replies included...

>Date:  Thu, Apr 20, 1995 5:58 PM EDT
>From:  clatter@hilltop.ic.edu
>X-From: clatter@hilltop.ic.edu (Glen Clatterbuck)
>To: JKM1993@aol.com

> I'll add another notch to your argument.  While I was at the 
>University of Denver a few years ago I was involved in a research project 
>on SLAPPs (strategic lawsuits against public participation).  In addition 
>to defamation, there a host of causes for action that can be used to sue 
>in situations where public discourse is contrary to an individual's 
>interests.  When folks who testify at a city council meeting or a zoning 
>meeting get sued by someone adversely affected by the decison, that's a 
>SLAPP.  The theory is that suits or their threat will deter such 
>participation.  The project is not always finding that to be the case, 
>but often it can be.  
>
> I am sure I don't want to defame anyone, whether or not I will be 
>sued.  I am also sure that even a frivolous or unsuccessful lawsuit would 
>be an expense and a pain. 

Agreed, on all counts.

> Any suggestions on conducting discussions in public forums without >running
these risks?  
>
>****************************************
>Glen W. Clatterbuck
>Department of Communications and Theatre
>Illinois College
>Jacksonville IL 62650-2299
>217-245-3467(o) 217-245-3034 (fax)
>E-mail:  clatter@hilltop.ic.edu
>****************************************

After a brief consultation with a hastily assembled panel of lawyers:

1. awareness of the legal environment

2. avoid identification of specific individuals

3. avoid identification of specific circumstances referring to individuals

4. prospective discussion (in contrast to retrospective discussion of events)

5. make claims on belief/opinion rather than statements of fact 

6. exercise care, generosity, and openness in discussion.


This is hardly an exhaustive list, nor did I (and contributors) have time for
much discussion. I will continue to solicit opinion on the issue.

John Meany
The Claremont Colleges

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