Gawker/Thiel post

Hello, I’ve decided to weigh in on one of the issues of the day with some policy solutions.

  • At least lawsuits funded by third parties should be “loser pays.”
  • Funding a bunch of vexatious litigation (I’m not talking about the Hogan stuff which, even if it’s overturned, is not legally frivolous, but rather the “guy who invented email” stuff) should be (maybe already is? I don’t know) a tort. I’m not talking about “champerty and maintenence,” which are more about third-party funding per se, nor even the normal kinds of frivolous suits that courts have to deal with about fringed flags and the like, but rather a pattern of weak, losing cases, under something closer to a SLAPP standard.

I’m not saying that these policies would solve the situation to anyone’s liking, but merely that they’re good ideas. Broader solutions tend involve questions like “What is the First Amendment for anyway?” and “Should there be billionaires?” which I would prefer to avoid at this time.

Thanks, have a nice day.