this post was submitted on 04 Jun 2025
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This.
People keep confusing "can sue" with "be successful in court".
You can sue anyone for anything at any time. I can sue you because I don't like your default avatar. But that doesn't mean that I would have any chance in a courtroom.
And this is exactly how it should be. The decision whether a lawsuit has merit or not should be taken in court, not somewhere before court. Because that would mean that some police man or someone else with only cursory knowledge of the law would have to decide whether a lawsuit has merit and that would be catastrophic.
No, anyone should be able to sue for anything. And garbage lawsuits should be thrown out of court by a judge and/or jury.
That's costs money. Ever hear of slapp suits. There needs to be rules around everything because people are shitty sons of witches and always trying to weasle a way around everything.
SLAPP suits are where a bad implementation of that system struggles. The US is a mess in many places and this is one. That doesn't mean that the concept of rule of law is an issue, but that rule of law is implemented badly in the US.
In other places, e.g. most parts of Europe, if you lose a lawsuit you have to pay for the legal council of the winner. That makes SLAPP suites much less attractive and much less dangerous, and thus they are pretty rare.