HBO’s Last Week Tonight and its host, John Oliver, have been in a years-long litigation battle with coal magnate, Bob Murray. Earlier this year, Murray finally removed his lawsuit, which allowed Oliver to go full anti-SLAPP on his show:
It’s a pretty epic response. Oliver explains why we need federal anti-SLAPP laws, while also torturing Murray with jokes knowingly crafted to comport with all defamation standards. Lawyers will note how many times Oliver says “I would argue” in the segment, a turn of phrase that is not natural to Oliver’s show yet is dutifully repeated throughout. It’s funny, but it’s also an important piece about how people like Murray use frivolous lawsuits to chill free speech and journalism.
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I didn’t really laugh, though. Without the protection of federal anti-SLAPP legislation, or HBO’s bankroll, I live in near constant fear of people like Bob Murray. It’s cathartic to make fun of them, but ultimately they’re winning. The law has not kept up with the strategy of quelling journalism through lawsuits. Oliver can say, “Come at me, bro.” I can’t risk that heat.
Elie Mystal is the Executive Editor of Above the Law and a contributor at The Nation. He can be reached @ElieNYC on Twitter, or at [email protected]. He will resist.