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Sweeney is a college student in Florida and the alleged incident happened in California. I’m guessing Musk is based out of Texas? CA > TX > FL according to anti

Sweeney is a college student in Florida and the alleged incident happened in California. I’m guessing Musk is based out of Texas? CA > TX > FL according to anti-slapp.org grades but all three have anti-SLAPP laws. Sweeney might actually have the hardest time in his state because the laws are weirdly specific. IANAL and genuinely curious, how much further can Musk shop around? To the state Sweeney’s corp is in (if he has one)? Does some random court in Kansas or whatever have the jurisdiction to slap a meaningful injunction against someone who’s never stepped in the state? I doubt Musk would be able to actually recover any funds that way but again IANAL and I’m curious. Can he make this federal? Musk is literally trying to sue a twenty year old college student. Might as well try bleeding a rock. Is Musk so out of touch that he really thinks that he can get anything but a pyrrhic victory?

wpietri 4y ago
What Musk would get is more of what he's already getting: causing pain to the target and fear to others. Whether or not he eventually loses the lawsuit doesn't matter for that.
- akiselev 4y ago
  That’s why we have Anti-SLAPP statutes… laws to fight ”strategic lawsuits against public participation”: https://en.m.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation https://en.m.wikipedia.org/wiki/Strategic_lawsuit_against_pu... Again, I’m asking about the jurisdiction which decides whether Sweeney will have anti-slapp to defend him. If so, Musk’s case can get dismissed with prejudice at the first hearing and the courts in some states will even fine him for wasting everyone’s time.
  - wpietri 4y ago
    Yes, thanks, I'm aware, and I'm saying that an anti-SLAPP statue is insufficient here. Might the process be shorter? Yes. Might Musk have to pay attorney's fees? Yes. Is that enough to render Musk's threats harmless? No. Is it enough to dissuade Musk? Also no. Getting sued by Musk will hopefully be a less giant pain in the ass than without an anti-SLAPP statue. But it still could be quite painful. And just the threat of the lawsuit is pain on its own and may have a chilling effect on both the target and others.
    - akiselev 4y ago
      I looked up some case studies (for California): https://www.gibsondunn.com/recent-developments-in-california-anti-slapp-case-law-summer-2021/ https://www.gibsondunn.com/recent-developments-in-california... Yeah, ouch. I had thought the legal process could be terminated sooner but the defendant in the first case study Hill v. Heslep et al still had over $100k in legal fees (which they were awarded after winning the anti-SLAPP motion), though that seems to have had a complicated second prong due to California’s new revenge porn laws. I hope Sweeney opens up a legal defense fund and Streisands Musk to victory.
      - ncallaway 4y ago
        If Musk sues I would happily throw money into that pot to defend Sweeney. Though, if he sues in a state with a decent anti-SLAPP law, I would also expect plenty of lawyers willing to pick up the case pro-bono, and only try to get paid out of awarded legal fees. It would be a worthy cause, a very high profile case, and (depending on the jurisdiction) a not-insignificant chance of recovering fees. I'd be willing to bet Sweeney won't have to front the cash for his defense. But, again, if he does, it's a pot I'd throw some money into.
        AlchemistCamp 4y ago
        Even with the knowledge that the doxxing is leading to stalkers endangering not just the wealthy target but also his young child, you would fund the doxxer? That’s pretty monstrous. If there is a kidnapping or murder down the line, your money will have helped enable it.
        saagarjha 4y ago
        Please respond in good faith.
        AlchemistCamp 4y ago
        I am. I meant exactly what I wrote. Donating to a doxxer with the knowledge that their work has already played a role in leading a stalker to the target’s young child is monstrous. Full stop.

wpietri 4y ago

What Musk would get is more of what he's already getting: causing pain to the target and fear to others. Whether or not he eventually loses the lawsuit doesn't matter for that.

akiselev 4y ago
That’s why we have Anti-SLAPP statutes… laws to fight ”strategic lawsuits against public participation”: https://en.m.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation https://en.m.wikipedia.org/wiki/Strategic_lawsuit_against_pu... Again, I’m asking about the jurisdiction which decides whether Sweeney will have anti-slapp to defend him. If so, Musk’s case can get dismissed with prejudice at the first hearing and the courts in some states will even fine him for wasting everyone’s time.
- wpietri 4y ago
  Yes, thanks, I'm aware, and I'm saying that an anti-SLAPP statue is insufficient here. Might the process be shorter? Yes. Might Musk have to pay attorney's fees? Yes. Is that enough to render Musk's threats harmless? No. Is it enough to dissuade Musk? Also no. Getting sued by Musk will hopefully be a less giant pain in the ass than without an anti-SLAPP statue. But it still could be quite painful. And just the threat of the lawsuit is pain on its own and may have a chilling effect on both the target and others.
  - akiselev 4y ago
    I looked up some case studies (for California): https://www.gibsondunn.com/recent-developments-in-california-anti-slapp-case-law-summer-2021/ https://www.gibsondunn.com/recent-developments-in-california... Yeah, ouch. I had thought the legal process could be terminated sooner but the defendant in the first case study Hill v. Heslep et al still had over $100k in legal fees (which they were awarded after winning the anti-SLAPP motion), though that seems to have had a complicated second prong due to California’s new revenge porn laws. I hope Sweeney opens up a legal defense fund and Streisands Musk to victory.
    - ncallaway 4y ago
      If Musk sues I would happily throw money into that pot to defend Sweeney. Though, if he sues in a state with a decent anti-SLAPP law, I would also expect plenty of lawyers willing to pick up the case pro-bono, and only try to get paid out of awarded legal fees. It would be a worthy cause, a very high profile case, and (depending on the jurisdiction) a not-insignificant chance of recovering fees. I'd be willing to bet Sweeney won't have to front the cash for his defense. But, again, if he does, it's a pot I'd throw some money into.
      - AlchemistCamp 4y ago
        Even with the knowledge that the doxxing is leading to stalkers endangering not just the wealthy target but also his young child, you would fund the doxxer? That’s pretty monstrous. If there is a kidnapping or murder down the line, your money will have helped enable it.
        saagarjha 4y ago
        Please respond in good faith.
        AlchemistCamp 4y ago
        I am. I meant exactly what I wrote. Donating to a doxxer with the knowledge that their work has already played a role in leading a stalker to the target’s young child is monstrous. Full stop.