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That's an interesting take, but not one I'd agree with. The argument that Thiel acted unethically by funding Hogan's lawsuit is not one that I support. You ca
by sov 9y ago
That's an interesting take, but not one I'd agree with.
The argument that Thiel acted unethically by funding Hogan's lawsuit is not one that I support. You can picture it as a millionaire throwing his money around to exact vengeance on a company that wronged him if you want, and that certainly feeds the idea of a sort of "chilling effect" where media orgs intentionally avoid printing things about powerful (read: rich) people. I think we can both agree that that would be truly unfortunate and a great loss of speech principles.
However, I don't think that accurately maps to the validity of the case. In an ideal world, Hogan wouldn't have had to get Thiel to fund his lawsuit--he was legitimately wronged. Is a better alternative to this universe one where news/distribution organizations can say whatever they want about anyone all the time and unless you're a billionaire you just have to take it? It wasn't like Gawker was acting ethically here. Compare it to Mother Jones, who was sued frivolously, won, and is still around!
But, of course, that's not really your argument. Your argument isn't that news orgs can be sued and that's a problem, it's that legal battles are often a matter of who has more money to spend on them, and regardless of outcome, can leave even honest organizations out of capital. I agree with this (even though Mother Jones is still around). It's unreasonable to expect MJ to pay up $2.4m to cover fees, especially when margins on online journalism are already so low (forcing worse incentives on them just to compete).
But there's hope! We don't need to wring our hands and lament the death knell of free speech--rather, we can just support anti-SLAPP laws to reduce both the cost and frequency of frivolous defamation suits. The technology exists! In fact, the only reason MJ had to pay up is because their state doesn't have anti-SLAPP statutes.
I'm fundamentally not concerned at all with Thiel buying the decaying corpse of Gawker. They acted in incredibly poor taste, noncompliance of legal orders and vitriolic defiance of journalistic good will, so, they pay the price. Rather, I'm more concerned about two issues: first, valid lawsuits require far too large an initial capital investment, preventing truly wronged but non-rich individuals from seeking justice and second, incredibly wealthy individuals can force frivolous lawsuits onto organizations where their best case scenario is a pyrrhic victory.
- AnimalMuppet 9y ago> In fact, the only reason MJ had to pay up is because their state doesn't have anti-SLAPP statutes. Their state (California) wasn't the problem. The problem was that they were being sued in a different state (Idaho). You aren't safe until all the states have anti_SLAPP statutes.