Today, a Washington state court dismissed a lawsuit brought against the Olympia Food Coop by StandWithUs and the Israeli Ministry of Foreign Affairs:
[The] court dismissed the case, calling it a SLAPP – Strategic Litigation Against Public Participation – and said that it would award the defendants attorneys’ fees, costs, and sanctions. The judge also upheld the constitutionality of Washington’s anti-SLAPP law, which the plaintiffs had challenged.
In a court hearing last Thursday, lawyers from the Center for Constitutional Rights (CCR) and Davis Wright Tremaine LLP argued that the court should grant the defendants’ Special Motion to Strike and dismiss the case because it targeted the constitutional rights of free speech and petition in connection with an issue of public concern.
“We are pleased the Court found this case to be what it is – an attempt to chill free speech on a matter of public concern. This sends a message to those trying to silence support of Palestinian human rights to think twice before they bring a lawsuit,” said Maria LaHood, a senior staff attorney with the Center for Constitutional Rights.…We’re thrilled that the court saw fit to protect the board’s right to free speech. This decision affirms the right to engage in peaceful boycotts without fear of being dragged through expensive litigation,” said Bruce E.H. Johnson of Davis Wright Tremaine LLP, who drafted Washington State’s Anti-SLAPP law.
…“Today’s victory is not only for the Co-op, but one for free speech,” said Jayne Kaszynski, spokesperson for the Olympia Food Co-op, and one of the defendants in the case.”
In this case, the issue was whether the food coop had the right to ban nine Israeli products from its shelves in support of the global BDS movement. This action was taken according to coop rules which permitted the board by concensus to approve this measure. The plaintiffs could’ve requested a vote of the entire membership to confirm or reject the board’s decision, but refused to go this route. They ran for the coop board in the next election on a platform that opposed the board’s BDS decision and lost.
Though five coop members sued the coop itself in this case, the plaintiffs were recruited by the right-wing pro-Israel advocacy group, StandWithUs and Israel’s Northwest Consul General, Akiva Tor. SWU and the MFA also recruited the lawyers representing the anti-BDS group. Israel’s deputy foreign minister, Danny Ayalon, told an Israeli TV news show that the government was using such suits in order to pre-empt what he called efforts to delegitimize Israel internationally. Thus, today’s court victory is a small, but important victory in the battle to bring Israel’s human rights abuses and illegal Occupation to a broader public audience. It is a defeat for the Israeli government and its NGO allies who seek to sweep such issues under the rug and use lawfare tactics to battle human rights activists.
The plaintiffs refuse to declare who is paying the legal fees and the attorney has refused to say that he is doing the case pro bono. Bob Sulkin, the senior partner responsible for the case, has been publicly associated with SWU fundraising efforts in the past and his wife is on the group’s board. It’s also not known who will be paying the fine and court costs ordered by the judge.
Plaintiff’s attorneys told The Olympian that the matter would be decided in the Court of Appeals or Supreme Court, indicating an appeal is likely. It would also appear that the Israeli government, seeing this type of lawfare as a potent strategy in the fight against what they see as delegitimization, would want to maintain the suit as long as possible and as high up the judicial food chain as possible. Even judicial sanctions and fines like the ones the judge levied today are unlikely to deter.
We’re not backing down in the face of Trump’s threats.
As Donald Trump is inaugurated a second time, independent media organizations are faced with urgent mandates: Tell the truth more loudly than ever before. Do that work even as our standard modes of distribution (such as social media platforms) are being manipulated and curtailed by forces of fascist repression and ruthless capitalism. Do that work even as journalism and journalists face targeted attacks, including from the government itself. And do that work in community, never forgetting that we’re not shouting into a faceless void – we’re reaching out to real people amid a life-threatening political climate.
Our task is formidable, and it requires us to ground ourselves in our principles, remind ourselves of our utility, dig in and commit.
As a dizzying number of corporate news organizations – either through need or greed – rush to implement new ways to further monetize their content, and others acquiesce to Trump’s wishes, now is a time for movement media-makers to double down on community-first models.
At Truthout, we are reaffirming our commitments on this front: We won’t run ads or have a paywall because we believe that everyone should have access to information, and that access should exist without barriers and free of distractions from craven corporate interests. We recognize the implications for democracy when information-seekers click a link only to find the article trapped behind a paywall or buried on a page with dozens of invasive ads. The laws of capitalism dictate an unending increase in monetization, and much of the media simply follows those laws. Truthout and many of our peers are dedicating ourselves to following other paths – a commitment which feels vital in a moment when corporations are evermore overtly embedded in government.
Over 80 percent of Truthout‘s funding comes from small individual donations from our community of readers, and the remaining 20 percent comes from a handful of social justice-oriented foundations. Over a third of our total budget is supported by recurring monthly donors, many of whom give because they want to help us keep Truthout barrier-free for everyone.
You can help by giving today. Whether you can make a small monthly donation or a larger gift, Truthout only works with your support.