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I'm not quite sure about that framing. Every jurisdiction reserves the right to sanction attorneys for frivolous cases. The framing I'd prefer is that there ar
by ikeboy 6y ago
I'm not quite sure about that framing. Every jurisdiction reserves the right to sanction attorneys for frivolous cases.
The framing I'd prefer is that there are meritless cases that don't quite rise to the level of frivolous; the legal terminology here is "a good faith extension of existing law." I think the legal system properly doesn't penalize such cases. If a case isn't sanctionable, we need to accept the consequences as a trade-off for allowing everyone access to the courts.
That being said, I support stronger anti-slapp laws - and I say this as someone who's faced a meritless and possibly frivolous anti-SLAPP motion myself (discussed in other recent HN threads). Personally, the anti-slapp laws have only hurt me, and I still support their expansion.
- loeg 6y agoThey reserve the right to sanction, but it rarely happens, even for repeated infringers. And I disagree with your framing. There are plenty of truly frivolous cases brought to harass or compel poorer entities, and it mostly works (maybe less well against speech in jurisdictions with anti-SLAPP).
- ikeboy 6y agoI feel uncomfortable with an alternative world where it's significantly easier to sanction attorneys. I suspect many legitimate cases would not end up being brought, and legal costs would go up. There's a trade-off to be made.