Ruling is historic

It was a historic case which will have an impact on this state for years and years to come.

We are talking about Nebraska's first SLAPP-Back case, which resulted in a Keith County jury's finding of intimidation against Furnas County Farms, Sand Livestock Systems, Chuck Sand and Tim Cumberland.

Historically, it was not the amount of the damages, $900,000, that mattered, it was the fact that citizens asserted their right to counter-sue when action is brought against them.

The victors in the case were two Hayes County farmers, Duane Fortkamp and Char Hamilton, and their attorney, Amy Svoboda of Ogallala. They had been sued for defamation by the hog companies after writing a letter critical of the company to the Nebraska Department of Environmental Quality.

But Fortkamp, Hamilton and Svoboda "slapped" back, meaning that they took advantage of a Nebraska law which entitles citizens to counter-sue when they are faced with a SLAPP -- Strategic Lawsuits Against Public Participation.

The Hayes County farmers and their attorney had a powerful team to back them up in their court action. Richard Middleton of Savannah, Ga., and Charlie Speer of Kansas City, Mo., came to their defense, arguing the case on behalf of the Waterkeeper Alliance, a group originally inspired by the late U.S. attorney general, Bobby Kennedy.

Middleton was elated by the jury's award for his clients. "The trial showed that good people who are wronged have a legal remedy," he said. "This is a message to any large party who sues people of lesser means. I'm pleased with the result and proud of the jury and judge for sorting through 36 separate questions."

Without SLAPP-Back laws, Middleton said libel suits can have a chilling effect on first amendment rights. "The Nebraska Legislature deserves credit for having the foresight to approve the SLAPP-Back law. A minimum of states have done so to date," he said.

The attorney defined the finding as "a seminal verdict," meaning that it was both original and creative. But the best description is the one applied to the case by both Middleton and Judge Donald Rowlands.

That word is historic. The case rises to that level because it is the first of its kind to be tried in Nebraska, and as a result will be a precedent-setter for future legal action against citizens who speak their minds.