Judge To Rule on Anti-SLAPP Motion by Sept. 3
Posted by Eric Scheidler on Monday, August 25th, 2008
UPDATE: An editorial agreeing with our side of this case was published in the Beacon News on Tuesday, August 26. You can read the editorial here. Let's hope the Judge agrees.
Last Friday I was joined by more than sixty pro-lifers for a critical hearing in the libel case I've brought against Planned Parenthood and Steve Trombley for declaring that those leading the opposition to their Aurora facility "have a well-documented history of advocating violence".
Trombley repeated these lies in a September 5, 2007 letter to the City Council [PDF] [PDF] and a September 10, 2007 full-page ad in the Aurora Beacon [PDF]. I filed my libel suit on October1, 2007, after Trombley refused to recant his false, defamatory statements.
Back in the spring, Trombley and his lawyers filed a "Motion to Dismiss" my libel suit on the basis of the Citizen Participation Act. This new law, passed just less than a year ago, is designed to give the courts a way to throw out a "SLAPP"—a "Strategic Lawsuit Against Political Participation", meant to retaliate against someone for speaking out to the government.
Friday's hearing was on this Motion to Dismiss, and Judge Judith Brawka began by saying that she would not rule from the bench that day, but rather issue a written ruling by September 3. I considered this good news, indicating that she is going to seriously consider the implications of her ruling.
In their argument before the court, Trombley's attorneys declared that the anti-SLAPP law gives him blanket immunity from liability for defamation, and that freedom of speech itself is at stake in Illinois if I'm allowed to go forward with my libel suit.
Trombley is claiming, in effect, that I filed this libel suit not to clear my good name after he spread lies about my father and our organization, the Pro-Life Action League, but to silence his freedom of speech.
What's particularly ironic is that 18 other plaintiffs—other community leaders in the fight against Planned Parenthood—elected to get out of the suit, since they'd be exposed to massive legal fees if Trombley's Motion succeeds. In the hands of Planned Parenthood, this law has worked precisely opposite to its intended purpose of preventing powerful entities from scaring people away from appealing to the government.
Planned Parenthood's interpretation of this law would unleash a train of horrors.
—Attorney Tom Brejcha
As my lead attorney Tom Brejcha argued before the judge, Planned Parenthood's reading of the anti-SLAPP law would effectively turn it into a "License to Lie". As long as you could somehow construe a statement—a letter, a radio or TV spot, a newspaper ad—as intended to procure favorable government action, you can say anything you want, including defaming other people with known falsehoods.
The hearing ran over two and a half hours, and at the end of it Judge Brawka thanked all the attorneys for an "enlightening" hearing. For more summary on the hearing, I recommend reading Dan Campagna's August 23 article in the Aurora Beacon.
For my part, I want to thank Tom Brejcha and his assitants, Peter Breen and Jason Craddock, who also argued motions on ancillary issues Friday. They've put a tremendous amount into this effort to defend the good name of the pro-lifers of the Fox Valley.
Thanks also to all who came for the hearing on Friday and the hundreds more who offered prayers from afar. Please continue pray over the coming days that Judge Judith Brawka will render a just decision next week.
Thank you for the report Eric. I have been praying for you, the attorneys, Pro-life Action League and FVFAPP. I will contiue to pray for the judge and her verdict to be favorable to you and for the lies of PP to be uncovered at every level in this city, state and country. Your "PP lies to you" motto rings true as that is definately what they did in the courtroom, Friday. God bless you.
August 25th, 2008 at 6:55 pm
Thanks for the update and the stand.
Are they going to subpoena the Bunny?
August 25th, 2008 at 8:24 pm
Surely, in the United States of America, Trombleys Planned Parenthood nonsence can not stand, or this country simply will not survive.
August 25th, 2008 at 8:49 pm
THAKS FOR STANDING UP AGAINST THE EVIL EMPIRE OF PP. THEY TELL MORE LIES THAN ANYONE I KNOW. THEY ARE INTENT ON NOT ONLY KILLING AS MANY BABIES AS THEY CAN BUT ALSO CORRUPTING THE YOUTH OF OUR NATION.
I AM THOROUGHLY DISGUSTED THAT MY TAX DOLLARS GO TO PP.
GOD BLESS YOU FOR THE YEARS OF LEGAL HARASSMENT YOU HAVE ENDURED FROM THE PRO-DEATH ORGANIZATIONS.
August 25th, 2008 at 10:19 pm
Why does this remind me of PP's attempts to use RICO laws a few years ago to do the same thing, silince Pro-Lifeers
August 26th, 2008 at 12:38 am
God Bless You Eric and all the pro-lifers. Life is worth fighting for. Children are and always will be God's greatest blessing.
Look ahead brighter days are coming.
Luann
August 26th, 2008 at 8:34 am
Who is "the bunny?"
August 26th, 2008 at 12:43 pm
How ironic, Trombley saying FVAPP leaders ""have a well-documented history of advocating violence"….while PP and abortion clinics THEMSELVES "have a well-documented history of violence" against women and the unborn.
August 26th, 2008 at 1:01 pm
As I sat in the court room listening to the articulate and noble words of Tom Brejcha and then panned the room looking at all the rest of the people present there, my heart was warmed by the fact that there are still people in this country who have a good sense of what is right and wrong. A good balance of common sense and moral judgment. They believe in God and HIS moral teachings. Then I looked at the PP side. I sat there looking at their faces, their eyes and gestures, I could visualize them as they must have looked as a child, and I was touched by the fact that God loves us all. He loves Steve Trombley as much as He loves me. Even though Steve has the blood of the many innocent human beings on his hands, God still loves him. That just is amazing to me. What an awesome God!! God is our example in all things. So we must remember to love the sinner and DESPISE the SIN. "Love those who persecute you" boy that is a hard one. We must not only pray for the ones who agree with God, but even more so pray for those who do not. They are in great danger of losing their very souls! Please pray for our country and our world to turn to God in all things.God Bless.
August 26th, 2008 at 5:31 pm
I am saying the Divine Mercy Novena for the Scheidler family and all those involved. Jesus graciously hear us!
August 26th, 2008 at 8:35 pm
Eric
It looks like your doing a great job as your father before you has done!
Thank you for continuing the effort to help the unborn children.
We will remember you and your efforts in our family prayers.
Brian
August 26th, 2008 at 11:00 pm
Did everyone see the editoral in the Beacon yesterday 826-08?
"Free speech rights at stake in PP lawsuit" they actually get it. We need to continue praying. They even interviewed the sponsor of the law Sen. John Cullerton who said the law was intended to protect small groups. The Beacon stated the law was not meant to be misused by a multi-million dollar organization like PP. God bless you Eric and all the pro-lifers.
August 27th, 2008 at 11:27 am
Sorry I printed the date incorrectly, I meant 8-26-08.
August 27th, 2008 at 11:30 am
With all the debate on choice or not to have choice I still feel that education is the best way to prevent the need for an abortion and Planned Parenthood is very strong here. Planned Parenthood more then anyother group has prevented abortion through education. I sure would like to see PP in my city.
October 8th, 2008 at 1:54 pm
And the more abortions PP perform, the more they have convinced everyone that because of them (PP) abortions have been prevented?
October 8th, 2008 at 6:56 pm
restating #5:
And the more abortions PP perform, the more abortions they have prevented?
October 8th, 2008 at 7:06 pm
restating #5 s/b #15
October 8th, 2008 at 7:10 pm
following up on this:
Could it be PP is the leader in preventing abortions by performing abortions!
October 8th, 2008 at 7:14 pm
[...] is the same Planned Parenthood employee who broadcast lies about the Pro-Life Action League and the entire pro-life community of the Illinois Fox Valley in [...]
October 15th, 2009 at 10:54 am