Millions of Americans share their thoughts on Facebook and other social media outlets every day, confident in their Constitutionally protected right to speak freely. But as Paonia environmental consultant Pete Kolbenschlag recently learned, the First Amendment alone has not always offered protection from frivolous lawsuits \u2014 also known as Strategic Lawsuits Against Public Participation (SLAPPs) \u2014 which essentially use expensive legal proceedings to silence critics.<\/p>\n
Kolbenschlag\u2019s ordeal reminds us of the importance of defending our free speech rights. It also explains why Colorado legislators of both parties voted nearly unanimously during their last session to adopt anti-SLAPP legislation.<\/p>\n
For those who haven\u2019t followed the story, Kolbenschlag was sued for libel in February 2017 by Houston-based oil and gas company SG Interests (SGI), after he noted in the Post Independent\u2019s online comment section that SGI had been fined for trying to \u201crig bid prices and rip off American taxpayers.\u201d<\/p>\n
The U.S. Justice Department did, in fact, investigate both SGI and Denver-based Gunnison Energy Corp. for colluding to limit bidding on natural gas leases near the Ragged Mountain Wilderness Area. The companies didn\u2019t admit guilt, but they agreed to pay more than $1 million to settle the case.<\/p>\n
The initial District Court judge found Kolbenschlag\u2019s comments about SGI to be \u201csubstantially true\u201d and dismissed the company\u2019s libel suit. The case dragged on, however, while SGI appealed that ruling. Last month, Colorado\u2019s Court of Appeals again found the appeal to be \u201cgroundless and frivolous,\u201d and upheld the lower court\u2019s dismissal. Meanwhile, though, Kolbenschlag\u2019s life has been disrupted by this costly, stressful and time-consuming process, which lasted more than two years.<\/p>\n
Colorado\u2019s new anti-SLAPP law, which took effect July 1, aims to prevent this kind of legal harassment by speeding dismissals of lawsuits deemed to be baseless, and making it easier for defendants to recover their costs and attorneys\u2019 fees.<\/p>\n
Thanks to our state leaders, and to concerned citizens like Kolbenschlag who testified in support of the law, Colorado is now the 29th U.S. state to adopt anti-SLAPP legislation. Because of their efforts, far fewer citizens are likely to be sued for speaking out on public issues.<\/p>\n
Russ Arensman
Glenwood Springs<\/p>\n