Participation from the deep freeze

"Chilling" by SLAPP suits

Research output: Contribution to journalArticle

3 Citations (Scopus)

Abstract

True democracy rests on a number of fundamental tenets, including the right of the public to actively and effectively engage in governance. This article explores one of the impediments to exercising public participation rights - namely, the litigious tactic of Strategic Litigation Against Public Participation, known as "SLAPP suits". The SLAPP suit is engaged by powerful and usually well-resourced parties to stifle public opinion against unpopular proposals and developments. SLAPP suits are used in a number of different areas, such as trade practices, consumer and animal protection rights; however, this article examines their use in the environmental context with reference to recent developments such as anti-SLAPP legislation and "SLAPP-backs" to counteract their "chilling" effect.

Original languageEnglish
Pages (from-to)47-63
Number of pages17
JournalEnvironmental and Planning Law Journal
Volume31
Issue number1
Publication statusPublished - 2014
Externally publishedYes

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