In a statement released at the end of last week, the ABA Forum on Communications Law confirmed that it will be publishing an article written by First Amendment lawyer Susan Seager that examines seven libel cases filed by Republican presidential hopeful Donald Trump. The article, originally titled ‘Donald J. Trump is a Libel Bully but Also a Libel Loser’, has been at the centre of a week-long controversy after ABA deputy executive director James Dimos raised concerns about the article’s ‘tone’. An internal email sent by Mr Dimos to one of the Forum’s editors reportedly also raised concerns about a potential lawsuit from Mr Trump should the article run.

Backlash and media coverage

The ABA has been hit with considerable backlash over its hesitation to publish the Ms Seager’s article, with several reports claiming that the article had been refused. However, ABA claims that coverage of the controversy has been inaccurate: ‘To be clear, the ABA did not refuse to publish the article. After the article was first submitted for publication, ABA staff suggested some edits to the article that were in keeping with the ABA’s commitment to non-partisanship. The author did not discuss the editing suggestions with ABA staff and instead withdrew her article for publication,’ said a statement from the ABA.

Shining a light on SLAPPs

Ms Seager has since resubmitted her article and it has now been accepted for publication and will run this week without any of the edits suggested by Mr Dimos or the ABA. Originally, Mr Dimos had suggested changing the title of the article to a less-incisive ‘Presidential Election Demonstrates Need for Anti-Slapp Laws’, referencing laws that fight strategic lawsuits against public participation. Though the original ‘libel loser’ title endures, the ABA hopes the article’s broader message will carry through: ‘Hopefully, this matter will shine a light on the problem of frivolous lawsuits that turn the justice system into a weapon that has a chilling effect on free speech,’ reads the ABA statement. Sources: New York Law Journal; ABA Journal