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Strategic Lawsuit Against Public Participation
Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. In a typical SLAPP, the plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons the criticism. In some cases, particularly in the context of investigative journalism, repeated frivolous litigation against a defendant may raise the cost of directors and officers and other liability insurance for that party, interfering with an organization's ability to operate. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. SLAPPs bring about freedom of speech concerns ...
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Lawsuit
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgmen ...
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Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been recognised as a Human rights, human right in the Universal Declaration of Human Rights and international human rights law. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, re ...
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Right To Petition In The United States
In the United States, the right to petition is enumerated in the First Amendment to the United States Constitution, which specifically prohibits Congress from abridging "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances". Although often overlooked in favor of other more famous freedoms, and sometimes taken for granted, many other civil liberties are enforceable against the government only by exercising this basic right. According to the Congressional Research Service, since the Constitution was written, the right of petition has expanded. It is no longer confined to demands for “a redress of grievances,” in any accurate meaning of these words, but comprehends demands for an exercise by the government of its powers in furtherance of the interest and prosperity of the petitioners and of their views on politically contentious matters. The right extends to the "approach of citizens or groups of them to administrative age ...
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George W
George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he is the eldest son of the 41st president, George H. W. Bush, and was the 46th governor of Texas from 1995 to 2000. Bush flew warplanes in the Texas Air National Guard in his twenties. After graduating from Harvard Business School in 1975, he worked in the oil industry. He later co-owned the Major League Baseball team Texas Rangers (baseball), Texas Rangers before being elected governor of Texas 1994 Texas gubernatorial election, in 1994. Governorship of George W. Bush, As governor, Bush successfully sponsored legislation for tort reform, increased education funding, set higher standards for schools, and reformed the criminal justice system. He also helped make Texas the Wind power in Texas, leading producer of wind-generated electricity in t ...
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University Of Denver
The University of Denver (DU) is a private research university in Denver, Colorado, United States. Founded in 1864, it has an enrollment of approximately 5,700 undergraduate students and 7,200 graduate students. It is classified among "R1: Doctoral Universities – Very high research activity". The main campus is a designated arboretum and is located five miles (8 km) south of downtown Denver. History In March 1864, John Evans, former governor of the Colorado Territory, appointee of President Abraham Lincoln, founded the Colorado Seminary in the newly created (1858) city of Denver, which was then a mining camp. Evans, governor and superintendent of Indian affairs of the Colorado Territory, lost his government position as a result of the November 1864 Sand Creek massacre (which was carried out by Colonel John Chivington, later a member of the Colorado Seminary's Trustees). At its founding the seminary was non-sectarian and operated by the Methodist Episcopal Chur ...
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Acronym
An acronym is a type of abbreviation consisting of a phrase whose only pronounced elements are the initial letters or initial sounds of words inside that phrase. Acronyms are often spelled with the initial Letter (alphabet), letter of each word in all caps with no punctuation. For some, an initialism or alphabetism connotes this general meaning, and an ''acronym'' is a subset with a narrower definition; an acronym is pronounced as a word rather than as a sequence of letters. In this sense, ''NASA'' () is an acronym, but ''United States, USA'' () is not. The broader sense of ''acronym'', ignoring pronunciation, is its original meaning and in common use. . Dictionary and style-guide editors dispute whether the term ''acronym'' can be legitimately applied to abbreviations which are not pronounced as words, and they do not agree on acronym space (punctuation), spacing, letter case, casing, and punctuation. The phrase that the acronym stands for is called its . The of an acron ...
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Censorship By Copyright
Copyright can be used to enact censorship. Criticism of copyCritics of copyright argue that copyright has been abused to suppress free speech, as well as criticism, business competition, Research, academic research, Investigative journalism, investigative reporting (and Freedom of the press, freedom of press) and Art, artistic expression. The most common form of censorship by copyright concerns the abuse of the Digital Millennium Copyright Act (DMCA) either by copyright holders or by the service providers. The DMCA forces web hosts to be overly sensitive to claims of copyright infringement and act as de facto gatekeepers, infringing upon fair use as well as facilitating abuse in the form of Copyfraud, bogus copyright claims. Reasons Strong-arm deterrence tactic The use of censorship of copyright has been described as a legal "strong-arm" tactic (guerrilla litigation) aimed at creating deterrents for future copyright infringement by educating the public about the copyright. ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by ...
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Anonymity
Anonymity describes situations where the acting person's identity is unknown. Anonymity may be created unintentionally through the loss of identifying information due to the passage of time or a destructive event, or intentionally if a person chooses to withhold their identity. There are various situations in which a person might choose to remain anonymous. Acts of charity have been performed anonymously when benefactors do not wish to be acknowledged. A person who feels threatened might attempt to mitigate that threat through anonymity. A witness to a crime might seek to avoid retribution, for example, by anonymously calling a crime tipline. In many other situations (like conversation between strangers, or buying some product or service in a shop), anonymity is traditionally accepted as natural. Some writers have argued that the term "namelessness", though technically correct, does not capture what is more centrally at stake in contexts of anonymity. The important idea here is ...
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Discovery (law)
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain Evidence (law), evidence from other parties. This is by means of methods of discovery such as interrogatories, Request for production, requests for production of documents, request for admissions, requests for admissions and Deposition (law), depositions. Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order. History Discovery evolved out of a unique feature of early Equity (law), equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These we ...
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Perjury
Perjury (also known as forswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an instance of a person’s deliberately making material false or misleading statements while under oath. – Also termed false swearing; false oath; (archaically forswearing." Like most other crimes in the common law system, to be convicted of perjury one must have had the ''intention'' (''mens rea'') to commit the act and have ''actually committed'' the act (''actus reus''). Further, statements that ''are facts'' cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an ''interpretation'' of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without the ...
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Forum Shopping
Forum shopping is a Colloquialism, colloquial term for the practice of litigants taking actions to have their legal case heard in the court they believe is most likely to provide a favorable judgment. Some jurisdiction (area), jurisdictions have, for example, become known as "plaintiff-friendly" and thus have attracted plaintiffs to file new cases there, even if there is little or no connection between the legal issues and the jurisdiction. The term became more widely used as a result of legal developments that expanded the number of available forums for litigants to bring cases, thus allowing litigants to effectively "shop" for the forum they believe will provide the best outcome. For example, in ''International Shoe Co. v. Washington'' (1945), the U.S. Supreme Court expanded the concept of personal jurisdiction to allow courts to hear disputes over defendants who had only 'minimum contacts' with its jurisdiction. Foreign litigants were also attracted to file suits in the Unite ...
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