Activist wins defamation suit brought against her by Israeli soldier

Started by yankeedoodle, March 06, 2021, 01:27:59 PM

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yankeedoodle

Activist wins defamation suit brought against her by Israeli soldier over FB post

The article will not copy-and-paste, so read the full article and see the pictures here:    https://www.arabamericannews.com/2021/03/05/activist-wins-defamation-suit-brought-against-her-by-israeli-soldier-over-fb-post/

Quote"Orange County Superior Court Judge Craig Griffin rejected and dismissed the lawsuit, ruling against Rumshiskaya, with an opinion published on March 2. The judge granted Nafal's anti-SLAPP motion, awarding her legal fees, which Rumshiskaya must  pay. Anti-SLAPP laws are intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate people who are exercising their First Amendment rights.

Faraj called the victory important for preserving the Arab American and Palestinian communities' First Amendment rights to free speech, including political speech.

"America is not Israel," Faraj said. "The former Israeli soldier who sued Ms. Nafal sought to have the court apply Israeli law, which punishes criticism of Israel by up to one year in prison. The judge rejected the lawsuit and the attempt to apply Israeli law."

The attorney said that by granting Nafal the Anti-SLAPP motion, the judge sent a clear message that the U.S. tolerates and values diversity of opinions and political views, and those who seek to improperly silence political criticism will have a price to pay.

. . .

The judge ruled that the state of California, unlike Israel, does not provide criminal penalties for defamation and that under California law, "truth is an absolute defense to defamation. Under Israeli law, truth is a defense only if its publication was in the public interest."

The judge also contended that Nafal's post was protected by the First Amendment because of her role as a political activist and that the June 2018 post "was inextricably connected to issues of public interest.""