By Laura Lee Prather, From Texas Lawyer

The recent barrage of online comments about dentist Walter James Palmer and his involvement in hunting and killing a protected lion in Zimbabwe has resurfaced the debate about free speech in a democracy and when it crosses over into defamation.

In July, Palmer admitted to luring a protected lion, Cecil, out of a national park before wounding him with his crossbow, tracking him for some 40 hours before killing the lion with a rifle. Palmer said that he was unaware the lion was protected and at the time of the kill believed the hunt was legal. Cecil’s death sparked worldwide outrage and disassociation of Palmer from big game groups like Safari International. Palmer’s business suffered intense scrutiny with thousands of comments on Yelp! and on Twitter. The fallout resulted in Palmer referring his dental patients elsewhere. Has the scrutiny of Palmer’s personal hobbies bled unfairly into his ability to earn a living?

Before the days of the Internet, Cecil’s story would seldom be heard out of Africa. When Internet speech spills over into online criticism of businesses, like Palmer’s or others, the First Amendment protects that speech so long as it is not unlawful or defamatory. The theory is that consumers have a right to know about the person they are doing business with, and if they choose not to do business with someone because of their personal values or hobbies, that is a consumer’s choice.

The First Amendment is premised on the theory that the best way to respond to critical speech is with more speech. Free and open debate are at the cornerstone of our democracy, and if one does not like what is said about him, he should respond rather than attempt to silence his enemies. One needs look no further than how Tom Brady is handling his fight over his “Deflategate” suspension. Recognizing and embracing the power of the Internet, Brady has chosen to take the debate to social media to garner support from his fans.

The Internet is a powerful medium that can be used to hold people accountable, to advance the debate, and to educate the public about causes. In such an environment, Yelp! and other business review sites provide vehicles for customers to tell others about their experiences and a platform for the businesses to respond. Intelligent people can form their own opinion about the discussion and its impact on them with the benefit of hearing both sides of the debate. In fact, it is those people (businesses or individuals) who seek to use the legal system to bully and retaliate against individuals who lawfully provide their opinion about their experiences that are threatening our free speech rights in this country. In Texas, under Texas Rule of Civil Procedure 13, a plaintiff is supposed to evaluate the viability of their claim prior to filing suit. However, it took the enactment of the Texas Citizens Participation Act to enforce this requirement and hold those who file meritless claims for the sake of silencing their opponents accountable.

Thus, in as much as Palmer is feeling the heat for silencing Cecil, he cannot mute the debate over his actions. The impact it has on his business is for his patients to decide. The benefit of the Internet providing a platform to discuss the debate between big game hunting versus poaching is only one way society is better served by the discussion on the Internet. Crowdfunding initiatives like LoveAnimals.org, devoted to aiding pets and wildlife, have seen increased visibility after Cecil’s death. Before the Internet, crowdfunding initiatives, such as LoveAnimals.org were non-existent. Similarly, without the Internet, Big Cat Rescue, a nonprofit that supports the rescue of and home for exotic big cats, would not be seeing an increase in awareness of its mission arising from the debate over Cecil’s death.

One can argue that Cecil’s death has brought unwanted attention to Palmer and his dental practice, but if the statements made were not illegal or defamatory (for which he would have a valid legal claim), the greater societal good is served by more dissemination of information, not less, and the Internet provides the vehicle to do just that.

For more on this story go to: http://www.texaslawyer.com/id=1202734011308/Hear-Me-Roar-The-Fallout-After-Lions-Death#ixzz3j4xCZmC0