MBA signs onto friend of the court brief in Massachusetts SLAPP / blogger lawsuit

The Citizen Media Law Project joined with Media Bloggers Association, New England Press Association, The Online News Association, and Globe Newspaper Company to submit amici curiae brief arguing that the Massachusetts anti-SLAPP statute applies to all parties. They argue that the law also includes members of the news media and professional Bloggers, who engage in petitioning activities, reports David Ardia of the Media Law Project.

The brief was filed in response to a defamation lawsuit filed against Peter Robbins, author of a blog that appears on a community website, Cape Cod Today. The dispute arose over a March 11, 2008 blog post entitled “Barnstable Harbor” Filling in and falling in” in which he criticized numerous individuals including plaintiffs Joseph Dugas and attorney Paul Revere III who had challenged orders and permits issued by the Town of Barnstable Conservation Commission and the Massachusetts Department of Environmental Protection that authorized dredging in Barnstable Harbor.

On August 29, 2008 Robbins filed a motion to dismiss pursuant to the Massachusetts anti-SLAPP laws. In opposition, the plaintiffs argue that Robbins is a member of the news media and cannot invoke the anti-SLAPP law which protects his free speech from lawsuits that intend to scare a defendant into stopping the petitioning action. They also argue that Robbins does not qualify due to his compensation received for blogging activities.

See David Ardia’s report for more information regarding the Massachusetts anti-SLAPP statute.

In the “friend of the court” brief, the parties stated that the anti-SLAPP laws do not limit the type of party that may bring a special motion to dismiss and that one court in the Commonwealth has already ruled that a newspaper article “falls squarely with[in] the protection of [the anti-SLAPP law]…” Salvo v. Ottoway Newspapers, 1998 WL 34060940, at *2 (Mass.Super. May 13, 1998) (quoting Mass. Gen. Laws ch. 231, §59H).

The entire brief is located here. The Citizen Media Law Project tracks developments in citizen media related cases. The legal threats database entry for Dugas v. Robbins is located here.