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Pastimes : Business Wire Falls for April Fools Prank, Sues FBNers

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To: Bill Ulrich who wrote (3183)7/8/1999 10:58:00 PM
From: The Philosopher  Read Replies (3) of 3795
 
We had held, at one time, that 'free speech' or 'protected speech' was rather
important. When our forefathers got together and drafted that 'Constitution thingie', free
speech wa


You are another one with that delusion. The first Amendment ONLY limits what the government may do. On private property, the owner can place any limits he or she wants to on speech. Business Wire, as a private company, can place any limits on speech they choose without affecting the First Amendment at all.

oesn't it seem that an attorney should
bear some responsibility if he's going to write up a complaint, submit it to the Court,
and contrive the legal wranglings in a case unlikely to prevail anyway? Is there not
some 'ethical rule' which says that he should have just 'bagged' it, since the merits of
said case were indeed dubious (that is, the point of 'liklihood of success', under
SLAPP law)?


If the case was indeed frivolous, the attorney can indeed be held liable. But very few cases are really frivolous. After all, judges are also lawyers, and they don't want to shit in the pool they will be back in if the electorate turns them out of office.
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