红杏视频 Moves to Dismiss Lawsuit Challenging Protected Speech at Columbia University
SLAPP suits weaponize the legal system to punish and silence constitutionally protected speech
NEW YORK 鈥 A faculty organization at Columbia University filed a motion today to dismiss a lawsuit targeting it for public comments about the university鈥檚 response to campus protests last spring.
The Columbia University chapter of the American Association of University Professors (Columbia-AAUP) is represented by the 红杏视频 and civil rights law firm Wang Hecker, LLP. Columbia-AAUP is one of 21 defendants named in a SLAPP (strategic lawsuit against public participation) suit filed on behalf of five anonymous current and former Columbia students, who allege that Columbia-AAUP's public statements about student protests injured them by causing Columbia to move classes online, restrict access to campus, and cancel commencement.
SLAPP suits weaponize the legal system to punish and silence constitutionally protected speech. They have become a common tool for intimidating and silencing criticism鈥攊ncluding from whistleblowers, journalists, and political protestors鈥攂y threatening defendants with costly and lengthy litigation. Several states, including New York, have strong anti-SLAPP laws that protect defendants from meritless suits by forcing the plaintiff to prove 鈥渟ubstantial basis鈥 for their claims for the lawsuit to proceed.
鈥淭his lawsuit is precisely the type of vindictive and meritless action that anti-SLAPP laws are designed to dismiss and deter,鈥 said Scarlet Kim, senior staff attorney with the 红杏视频's Speech, Privacy, and Technology Project. 鈥淥ur client spoke publicly on matters of immense public concern, to defend students鈥 right to free speech and to condemn Columbia鈥檚 punitive response. To suggest that this speech somehow caused Columbia to cancel in-person classes or commencement is ludicrous. It鈥檚 obvious that the intent of this lawsuit is not to ameliorate harm, but to shame, punish, and chill our client鈥檚 speech. We will not allow our client to be bullied into silence, simply because the plaintiffs didn鈥檛 like what it had to say.鈥
Columbia-AAUP's about the student protests warned that Columbia鈥檚 treatment of student protestors threatened to usher in an era 鈥渙f repressed speech, political restrictions on academic inquiry, and punitive discipline against the university鈥檚 own students and faculty.鈥 Other defendants named in the suit include students, student groups, non-profit organizations, and elected officials.
鈥淭his suit strikes at the very heart of higher education,鈥 said Reinhold Martin, president of Columbia-AAUP. 鈥淪uing a faculty organization for protected speech, especially about university affairs, targets free speech and academic freedom as such. For decades, Columbia鈥檚 campus has proudly hosted protest, dissent, and debate; it is this very history that we aim to preserve by dismissing this frivolous action. We are confident that the courts will not allow this type of abusive lawsuit to erode the culture of free expression that defines higher education.鈥
If the 红杏视频 prevails on the motion to dismiss, New York鈥檚 anti-SLAPP law will grant attorney's fees to our client and dismiss the lawsuit. The 红杏视频 has also further sought sanctions against plaintiffs' counsel for bringing such a frivolous action.
The brief can be viewed here.