The SLAPP Suit |
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Carol Denny is a singer/songwriter
from Berkeley, California. Described as Berkeley's funniest, most
radical songwriter, guitar stylist, concertina player, political
activist, and editor of the nefarious Pepper Spray Times she
was winner of the East Bay Express's readers' poll "Best
Solo Performer" for 2002, and selected as one of the San
Francisco Bay Guardian's 2001 "Best of the Bay".
In 1991 Denney was accused, among other things, of creating dozens of cardboard saws inscribed with the legend, "I came, I saw...", a stage prop used during a concert and demonstration in the summer of 1991. The image at left was stolen
from her web site: http://www.caroldenney.com |
At my request Carol sent me the following statement for publication in association with my People's Park site: In 1991, after six months of demonstrations against the University of California's southside anti-homeless policies, which included an effort to turn People's Park into a set of sports courts and remove the free stage, the University launched a civil lawsuit, now dubbed a SLAPP (Strategic Lawsuit Against Public Participation) to try to frighten off its opponents and discredit four of its opposition's most articulate speakers, myself and Mike Lee among them. Both of us, the last living defendants (one of our colleagues was shot to death in 1996, the other died in 1995) have an ambiguous injunction lodged against us which strips us of criminal protections, and which both of us would like to vacate in court.In other words, when we are falsely accused of committing acts of vandalism and violence by UC police and UC officials, as we have been many times in the past ( and for which we have been many times acquitted), we now go before a civil court, where "preponderance of the evidence" rather than "beyond a reasonable doubt" is the evidentiary standard. Hearsay, which is inadmissable in criminal court, is permissible in civil court. This tactic has proven very useful in shutting up critics, breaking up popular opposition, etc. Dozens of states now have anti-SLAPP laws which did not exist when we were sued. Carol Denney |
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