Speech still free for bloggers
Though in most cases, litigation isn’t. The decision, reported by Eric Goldman, is not remarkable. Unfortunately, neither is the fact that under the American Rule, there is for all practical purposes no downside to suing someone on the most preposterous of grounds and losing — hence making the bringing of meritless litigation a part of every large company’s toolkit for silencing criticism and destroying smaller competitors. As Eric says:
Meanwhile, I’m not clear what, if any, of Smith’s counterclaims are still outstanding. Perhaps Smith will get some additional remedy beyond the moral vindication and $1,000 in sanctions. But even if he does, there really is no way to correct the fact that the plaintiff consumed the last year and a half of Smith’s life, forcing him to defend a lawsuit that was ridiculous and ill-conceived from the outset. (The court declined to award Rule 11 sanctions, saying it was a close call).