With more and more consumers going online these days to complain about customer service, many businesses are fighting back against online comments with lawsuits.
When Julie Catalano’s cat died and the Texas Veterinarian Board did not take action against her veterinarian, she created the web site vetabusenetwork.com.
“I was telling my experiences as a citizen of the state of Texas about someone that provides a product or a service, said Catalano. “I have the right to do that."
However, her veterinarian also had the right to sue her, and he did for $1.5 million. He also demanded that she take down her website.
"This isn't about money. This isn't about winning. It isn't even about going to trial, because so few even go to trial. It's about silencing someone and losing your First Amendment freedoms," said Catalano.
First amendment lawyers often refer to such lawsuits as strategic lawsuits against public participation or Slapp. In many cases of Slapp the plaintiff isn't necessarily looking to win but rather bully the defendant to back down with the prospect of a long court-battle.
After three years in court, Catalano was allowed to keep her website.
There are anti-Slapp laws in 27 states but not in Texas.
Congressman Charlie Gonzalez is sponsoring a bill that would create a national anti-Slapp law.
