Another company attempting to use libel law to stifle criticism
Charter Schools USA is unhappy enough with the criticism it has received from parents that it is threatening legal action against them:
Charter Schools USA is threatening legal action against parents who use an Internet discussion board to air grievances about Gateway Charter.
Parent Angela Reigelman, who created the virtual forum, received a letter via FedEx on Thursday ordering her to remove the forum. The company also warned other Web contributors Thursday.
Postings on the forum address topics ranging from academics and school events to complaints about school leadership and rumor control.
Some parents bluntly state their dissatisfaction with teachers, Principal Deborah Nauss and Charter Schools USA President Jonathan Hage, who said Thursday the company will “vigorously defend” its reputation.
“CSUSA has reviewed the Web site and has determined that your and other parents’ and other Web site participants’ published accusations, comments and statements are unlawful, defamatory and libelous against CSUSA, Gateway Charter School and Dr. Nauss,” attorney Lisa MacClugage stated in the letter to Reigelman.
“Accordingly, CSUSA hereby demands that you immediately cease and desist your continuous published libel and defamatory accusations, comments and statements.”
Reigelman says the Web forum gives parents an open venue to discuss educational issues.
It’s especially critical, she says, after a May 3 letter to parents signed by the PTO’s executive board stating: “In light of the fact that various individuals and groups are trying to politicize the PTO, we have decided to cancel all further PTO meetings for the duration of the 2004-05 school year.”
Now if this ever comes to court, it is likely to be thrown out, as criticism isn’t libel; to prove libel or slander the company would need more than some web postings by unsatisfied parents.
I don’t think that Charter Schools USA want that lawsuit to actually come to court however; the company probably gambled that the threat of a lawsuit, likely to be costly even if the parents win the case would be enough to get them to cave in. It’s a tactic that companies often use to shut up their critics, as nobody likes to be pursued throught the courts by some deep pocketed company with a grudge.
Looks like this time the gamble failed. It has certainly brought Charter Schools USA a lot of bad publicity, as any parent who reads the article I extracted above will think twice to sent their children to a school so frightened of criticism it has cancelled parents-teacher meetings!