Lawsuit threat deters public participation

The Watertown Daily Times reported that attorney, D. Jeffrey Gosch, representing Massena Central School Superintendent Roger B. Clough, sent a letter to Massena school mom, Robin Wolpin, threatening her with legal action for voicing her concerns publicly at a school board meeting.

Such legal action if initiated would amount to a SLAPP suit, “strategic lawsuit against public participation.” A majority of states have enacted anti-SLAPP legislation in one form or another to prevent certain private entities from threatening legal action against individuals who exercise what is automatically their First Amendment right when dealing with public entities — a school board and its superintendent, for instance.

So cherished is our right to free speech that we have extended it to protect us from certain threats by private plaintiffs. The threat of a SLAPP suit coming from a school superintendent in response to comments made at a school board meeting by a mother of two students is outrageous and reprehensible.

This threat coming from a government entity is a clear violation of Ms. Wolpin’s First Amendment rights. It is Robin Wolpin who should file a lawsuit on behalf of herself and every person who ever thought of voicing an opinion at a school board meeting. She most certainly has a case, while Mr. Clough and Mr. Gosch do not.

Mr. Gosch should also have his actions reported to the New York State Bar Association. His claim that Ms. Walpin’s comments amount to slander is frivolous. Public officials cannot file lawsuits for slander and defamation when the cause of action arises from the course of their public duties. Baseless threats from public officials attempting to silence public comment through fear and intimidation cannot be tolerated.

George Varga

Lake Placid