BREAKING NEWS: Fighting a Bully – And Winning
By Robert Haugh
I have great news. Four months after Santa Clara Weekly Publisher Miles Barber filed a lawsuit against me in an effort to stop me from writing Santa Clara News Online, we’ve won the case.
Judge Mary E. Arand has granted my special motion to strike the complaint under California’s Anti-SLAPP statute, finding that the complaint was aimed at my free speech and that Miles could not produce sufficient evidence to show he could prevail.
This was a case of a bully using a lawsuit to try to intimidate me, and stop me from publishing news and opinion. Miles used frivolous and incorrect information. And he lost.
I’m sure he thought I couldn’t fight back … But the community rallied to help me by contributing to a legal defense fund that allowed me to hire Kenneth White, a great lawyer who believes in the First Amendment. I’ll always be grateful to the community and Kenneth.
This is also a win for online publishing and the First Amendment.
We’re not quite done. Miles has 60 days to decide to appeal. I’ll let all of you know if we’re going to Round 2 of this fight. I hope you’ll be with me again.
Thanks for helping with this victory. I’m as happy as Steph Curry and Kevin Durant this week.
Here are links to what I wrote in the past about this lawsuit:
- I Stood Up to a Bully and Others Are Standing With Me
https://santaclaranews.org/2017/03/15/i-stood-up-to-a-bully-and-others-are-standing-with-me/
- Fighting a Bully Publisher, the Community Rallies
https://santaclaranews.org/2017/02/27/fighting-a-bullypublisher-the-community-rallies/
- Help Protect the First Amendment and Freedom of the Press in a David vs Goliath Fight in Santa Clara
Editor’s Note: I wanted to share this news right away. I’ll do a recap of the council meeting tomorrow. I hope you don’t mind.
[…] like judges who understand anti-SLAPP […]
[…] Gillmor said that she used Crosby and Crosby, a San Jose law firm. They filed an anti-SLAPP motion. That’s a “strategic lawsuit against public participation.” Regular readers of this site know all about it. […]
good on ya, Robert
[…] Fighting a Bully and Winning — this announced how we beat Miles Barber and his frivolous lawsuit against me and free speech. […]
[…] faithful readers know, I won my legal fight against Miles Barber a few months ago. He tried to intimidate me with a lawsuit and silence what I was writing on this website. But I […]
[…] they’ll lose the second legal battle, too. I personally have learned a lot about anti-SLAPP cases having just won one. I agree that it’s really an odd legal move by San […]
[…] is how the suit is similar to the SLAPP (Strategic Lawsuit Against Public Participation) filed against me by Miles Barber which I won. Coincidentally, Barber was represented by Mlkarik’s law firm, […]
[…] the judge in that case has agreed and dumped the case, and has denied Barber’s request to file an amended complaint on top of that. As of yet, […]
[…] the judge in that case has agreed and dumped the case, and has denied Barber’s request to file an amended complaint on top of that. As of yet, […]
[…] not a lawyer, but I have recent personal experience with with winning an anti-SLAPP motion and know a lot about […]
Weak case, but publicity … He’d be an idiot to appeal … Never mind … I’ve read his columns.
This is awesome! You’re an honest person who stands up for the integrity of our laws. We need more people like you in the world! ❤
Good for you Robert … MIles must be grumpier than usual after that dose of cold water.
Well done and well deserved!
Wonderful news!
Wonderful news.
I hope Miles doesn’t appeal, but I would not be surprised if he does.
I wonder if some outside person or organization is bankrolling Miles lawsuit.
I’m an attorney (retired) and know plenty about SLAPP and anti-SLAPP motions. Congratulations. You were indeed wise enough to hire a good attorney. Speaking from decades of experience, this is the most critical thing a client can do to help his or her chances of prevailing. I’m sure Mr. White will tell you that Mr. Barber must pay your legal fees for the motion and, if you prevail, as I believe you would, on appeal, Mr. Barber will be responsible for those additional costs as well.
The anti-SLAPP law was established to prevent people from using frivolous lawsuits to intimidate others from exercising their right to free speech and help protect our beloved First Amendment. I’m glad to see in your case that it worked.
I contributed for Round 1 and I will happily do it again for Round 2. My friends and neighbors will contribute too because they now see that the fight can be won. Great job. Keep up the fight.
Great news, Robert. As you say, we all won. Our first amendment rights are under attack daily and it is nice to see one in the win column. If you go to round two you can count on me again. (but not the big bucks dark money dollars like the 49ers)