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cameronsfx

join:2009-01-08
Panama City, FL

reply to fAcEtIOUs

Re: Companies use lawsuits to shut up critics all the time

said by fAcEtIOUs:

These types of lawsuits(SLAPP) are usually only effective against those without the financial capability to fight back. Magic Jack made a mistake by picking on someone with the money to defend themselves.
SLAPP suits usually find Judges unwilling to put up with them ater a MTD (motion to dismiss) is filed. In Florida, SLAPP suits against the government make you pay them big money.

MagicJack was stupid in filing the "Defamation" case to begin with.

Example:

"All Toyota's (Or Ford, etc.) Suck!" is my headline on my blog. Toyota or Ford sues for defamation. I answer it denying everything. Then, I alert the news who, in turn, furthers the blog and I said "All Toyota's Suck" again in an interview. Then I file a MTD citing the 1st Amendment and lots of case law and even ask for sanctions against Toyota. Judge throws them out of court and maybe sanctions their idiocy. I explain at MTD hearing BMWs are superior since they have standard stuff Toyota doesn't have and that's why they suck, which was in my blog if Toyota could read.

Public Figures and companies have to pass a huge test on defamation. MagicJack uses infomercials with, "THIS IS A LIMITED OFFER!" every night on TV.

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