In April 2017 “Big John” a carriage horse collapsed on Meeting Street in downtown Charleston. CCHA put up a video taken by an eyewitness on our social media. News outlets all over the country picked it up. USA Today ran a story about it and the video received over 12 million views.
The carriage company sued Charleston Carriage Horse Advocates, its founder Ellen Harley and Charleston Animal Society, the local animal shelter, claiming amongst other things, defamation for using the word “collapse”.
After almost four years of litigation, the lawsuit ended in our favor. The Court got it right. The Court found that the video “is a fundamental example of the type of public discourse protected by the First Amendment”. The Court also determined, based on the carriage company owner’s testimony that the use of the word “collapse” was not defamatory because it was “substantially true”.
“Not only did this lawsuit attempt to stop advocacy efforts for more humane working conditions in line with other cities across America, it was one of many tactics, including physical assault, threats, smear campaign and the misleading of public and elected officials, launched by the Carriage Tourist-Attraction Industry to discredit and intimidate advocacy organizations.” – Carolina Tails Magazine Summer 2022
A SLAPP LAWSUIT
This type of lawsuit is referred to as a “SLAPP” lawsuit.
A SLAPP Lawsuit (Strategic Lawsuit Against Public Participation) is defined by Wikipedia as a lawsuit intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. This type of lawsuit is a threat to every person who believes in the First Amendment and the rights of every citizen to speak out about issues that affect their community, regardless of viewpoint. 32 states have already outlawed these types of lawsuits. We hope South Carolina will join other conservative and liberal states in passing anti-SLAPP legislation. Free Speech is a primary right clearly spelled out in the U.S. Constitution. Using frivolous lawsuits with their inherent intimidation and costs in order to shut down legitimate public discussion of issues affecting one’s community should not be allowed.
Help us build up our fund to give voice to the carriage horses and mules and to fend off these types of frivolous lawsuits.
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