Denise Lieberman, ACLU-EM (amicus)
The ACLU-EM filed an amicus brief and then Legal Director Denise Lieberman argued before the Court of Appeals in this SLAPP suit filed against Thomas Diehl by Fred Weber, Inc. SLAPPs, or Strategic Lawsuits Against Public Participation, are suits, typically defamation claims, filed for the purpose of silencing dissenting viewpoints or intimidating others from speaking out on matters of public concern.
Diehl's neighborhood was near the site of a proposed trash transfer station in South St. Louis County. Diehl and other residents distributed fliers in front of a public hearing opposing Fred Weber's proposed transfer station that was to be debated at the hearing. The flyer read, "Stop Fred Weber, Inc.: Three Things You Can Do to Fight the Trash Terrorists," and urged concerned citizens to, among other things, contact the County Executive's office and the County Board of Health. Weber sued Diehl and unnamed "John Does" - presumably anyone else engaged in opposing the company's proposal - for $5 million, alleging that the flyer defamed the company by associating it with the 9/11 terrorists and Al Qaeda.
The court's opinion, written by Judge Lawrence Mooney, ordered that the case against Diehl be dismissed and spoke of the "chilling impact" to free speech and public discourse of such suits. The company has filed a petition to have the case heard by the Missouri Supreme Court.
In March 2005, the Missouri Court of Appeals issued its opinion in Diehl's favor, ordering that the case be dismissed and noting the "chilling impact" to the public discourse if a meritless defamation case like this were allowed to proceed. ACLU-EM filed an amicus brief and argued before the court of appeals in this case.