It’s game time! We have reached the most important stage in “Ted Rall v. Los Angeles Times et al.”
Let me explain.
From the beginning of this case attorneys have told me that the toughest barrier to clearing my name and getting my day in court would be California’s anti-SLAPP law, a statute frequently used by publications to defend themselves against defamation lawsuits.
Upon being sued a defamation defendant can file an anti-SLAPP motion. Discovery cannot begin until it is resolved. If defendant prevails, plaintiff’s case is thrown out and plaintiff pays defendent’s legal fees. If plaintiff prevails, the case begins discovery, subpoenas, etc. A lower court, the California Superior Court in Los Angeles, heard the LA Times’ anti-SLAPP motion. They ruled for the Times, awarding them $356,000 in legal fees.
But that decision is automatically appealable de novo (without consideration for what the lower court decided). So I appealed to California’s Court of Appeals.
We filed an Opening Brief. The Times filed a Reply Brief. This is our Reply Brief to their Reply. No more briefs now. Now we wait for the court to assign a hearing date. At that date or shortly thereafter, probably in early 2019, the Court of Appeals will hear oral arguments.
Although lawsuits are always long and time-consuming and stressful, most attorneys believe that a jury will side with me in this matter, rather than the Times/LAPD.
Please read the brief!
I look forward to reading your thoughts and comments. This case is important to me, but it also has sweeping implications for employment law and the freedom of journalists to operate free of censorship by government agencies and officials.
I sued the LA Times for wrongful termination and defamation in 2016. The Times responded with an anti-SLAPP motion asking the court to order me to pay them hundreds of thousands of dollars in their legal fees. They prevailed at the trial court level.
In 2017 I filed my anti-SLAPP appeal to the California Court of Appeals. Now the Times has responded to my appeal with their own brief.
Now we are working on our response to their response. We will post our response brief here after it is finished and filed. After we file that, the court will advise of a date when they will hear my anti-SLAPP appeal.
Obviously my attorneys and I have thoughts about the Times’ arguments as stated in their brief, but Times attorney Kelli Sager reads my blog (hi!) so it would be unwise for me to say anything here about what we think.
However, thousands of heads are better than three! We might be missing something important in this struggle for free speech and against police control of the press. So if you have any thoughts about any of this, please comment here or feel free to contact me directly at rall.com/contact. Thank you for your support!
Yesterday my attorneys filed, and California’s Court of Appeals accepted, our Appellate Brief in my defamation and wrongful termination lawsuit against the Los Angeles Times et al.
I sued in 2015. The Times filed three anti-SLAPP motions against me, halting the case because they’re scared of facing a jury and want to intimidate me. In 2017 a lower-court judge ruled for the Times, ordering me to pay them $350,000 in the Times’ attorneys fees. This document is our appeal of the 2017 decision.
If successful, the $350,000 judgement will be vacated and I can build my case to take to a jury.
If not, the $350,000 stands, plus more fees for the Times defense of this appeal. And my case dies. And Californians who work for media companies will have no recourse in the courts if their employer discriminates against them, even if they do so for racist or sexist or homophobic reasons.
Please read our brief below; it’s an interesting read. I look forward to hearing your thoughts and reactions. Thank you for your incredible support!
California anti-SLAPP rulings are automatically appealable “de novo” ( which means the higher court looks at it with “fresh eyes”) to the Court of Appeals. Therefore, today my attorneys Jeff Lewis and Roger Lowenstein are filing our appellate brief in Ted Rall vs Los Angeles Times et al. We are asking the justices to overturn the lower court ruling issued last summer, which found that the Times has an absolute privilege under the First Amendment to publish anything it wants about anyone, even it’s false and libelous. The lower court acknowledged in its ruling that the enhanced audio showed that I wrote the truth in my May 2015 blog post about jaywalking.
Even though California’s anti-SLAPP law makes it extremely difficult to sue for defamation, we do not believe the law was intended to, nor does it say, what the Times is arguing. So we are fighting on.
This path is not without risk. The lower court awarded the Times about $350,000 in legal fees, and ordered me to pay them. If the Court of Appeals agrees with the Times, my case will be dismissed and I will have hundreds of thousands in additional fees.
Nevertheless, it is important that victims of injustice stand up for themselves, and not just for their own sake but for the betterment of society. If the LA Superior Court ruling stands, it would create a precedent that would effectively legalize libel. This could ruin countless lives and careers. In addition, the Times must be held accountable for its corrupt collusion with the LAPD. Media organizations should not create financial partnerships or close associations with law-enforcement agencies they are supposed to cover objectively. Given that the Times publisher was friends with the chief of police whom I mocked in my cartoons, is it any wonder that the LA Times does a lame job reporting on police malfeasance and violence against people of color?
After the court accepts it, I will post and disseminate a copy of our Appellate Brief online. If you wonder why the press is in trouble these days, it’s worth a read.
You can support my legal battle against the LA Times here.
Ted Rall is the political cartoonist at ANewDomain.net, editor-in-chief of SkewedNews.net, a graphic novelist and author of many books of art and prose, and an occasional war correspondent. He is the author of the biography "Trump," to be published in July 2016.