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SLAPP Suits

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This article is about the Last Week Tonight segment. For the type of lawsuit, see Strategic lawsuit against public participation.

"SLAPP Suits"
Last Week Tonight with John Oliver episode
John Oliver SLAPP Suits Number.jpg
John Oliver performs his musical number "Eat Shit, Bob!" on Last Week Tonight
Episode no.Season 6
Episode 29 (segment)
Presented byJohn Oliver
Original air dateNovember 10, 2019 (2019-11-10)
Running time26 minutes
List of episodes

"SLAPP Suits" is a segment of the HBO news satire television series Last Week Tonight with John Oliver focused on strategic lawsuits against public participation. It first aired on November 10, 2019, as part of the twenty-ninth episode of the series's sixth season. During the twenty-six-minute segment, comedian John Oliver discussed the outcome of a lawsuit against him from mining businessman Robert E. "Bob" Murray, as well as the damaging effects of similar lawsuits. Oliver then ended the segment with a musical number entitled "Eat Shit, Bob!" in honor of winning his lawsuit, which was lauded by critics, and was nominated for a Primetime Emmy Award for Outstanding Original Music and Lyrics.

Background[]

Coal[]

This segment about Robert E. Murray (pictured) was part of the penultimate episode of Last Week Tonight's sixth season.

On June 18, 2017, John Oliver aired a segment on his show, entitled "Coal". The segment focused on practices in the coal mining industry. Oliver began the piece by showing Donald Trump's affinity for the coal industry, including shots of him during the 2016 campaign in a coal miner's hat and delivering a speech in which he told the miners to prepare to work their "asses off" when he became president.[1] Oliver then introduced Bob Murray, the CEO of Murray Energy, who has repeatedly criticized President Barack Obama for his perceived incompetence and aggression towards those in the coal industry.[2]

Oliver explained that when Murray Energy was contacted about the piece, they received a letter informing them that they should cease and desist from "any efforts to [...] injure Mr. Murray", and that Murray has sued people before.[2] Oliver ignored this letter and proceeded to call Murray a "geriatric Dr. Evil" who was "on the same side as black lung"[2] and talk about other errors in Murray's mining practices, focusing particularly on the Crandall Canyon Mine collapse that killed 9 people. While Murray argued that it was the fault of an earthquake,[2][3] the federal government concluded that it was the fault of unsafe mining practices, and fined Murray Energy US$1,850,000, the highest amount possible for a safety violation.[4][5] When Murray introduced a bonus program for coal miners, they were told they could return their checks if they felt the program incentivized unsafe practices. Two miners did, returning checks for small amounts with the words "KISS MY ASS BOB" and "Eat Shit Bob" written on them.[6] Oliver also referenced a satirical article in a journal of the United Mine Workers, alleging that Murray shared an anecdote in which he was told to start a coal mining corporation by a talking squirrel; the company denies the story.[2] Drawing on these two incidents, Oliver ended the episode by introducing a squirrel mascot known as "Mr. Nutterbutter" who taunted Bob Murray by holding up an oversized check for "three acorns and eighteen cents" made out to "Eat Shit, Bob!"[7]

Lawsuit[]

On June 21, 2017, Marshall County Coal Company and other companies chaired by Bob Murray filed a lawsuit against John Oliver, HBO, and others associated with Oliver in a West Virginia Circuit Court, on charges relating to defamation.[8][9] The complaint alleged that Oliver carried out a "meticulously planned attempt to assassinate the character of and reputation of Mr. Robert E. Murray and his companies". The plaintiffs criticized Oliver's coverage of the Crandall Canyon Mine collapse, reiterating their claim that the primary collapse was caused by an earthquake, rather than unsafe mining practices on the part of Murray Energy.[9] Murray sought monetary damages, as well as a gag order on broadcasting the segment and preventing it from airing online.[2] An HBO spokesperson expressed confidence in Last Week Tonight, and said that they did not believe that "anything in the show this week violated Mr. Murray's or Murray Energy's rights."[2][10]

On February 24, 2018, the case was dismissed, with the judge agreeing with HBO's arguments that Murray had failed to state a valid claim.[11] Murray appealed to the Supreme Court of Appeals of West Virginia, but four of the five justices on that court were impeached for charges relating to corruption, overspending, and lack of oversight; the fifth justice resigned. The defamation lawsuit was dropped a short while later.[12] Oliver also revealed that he had mentioned one of the justices on the court in a segment a few years prior; specifically, he had joked that the Chief Justice on the court, Allen Loughry, referred to his penis as "The Gavel."[13]

Amicus curiae[]

The American Civil Liberties Union (ACLU) chapter in West Virginia filed an amicus brief on behalf of HBO, which was noted for its snarky, humorous tone, unusual in a legal document.[14] The brief featured section headings such as "You Can't Sue People for Being Mean to You, Bob"[14] and "A Brief History of Plaintiffs' Attempts to Chill Speech by Abusing the Legal System".[6] The paper argued that Oliver's segment did not air any speech that violated Murray's rights, as Oliver's statements were protected by the First Amendment as either satirical humor or a matter of fact, depending on the statement.[14] The brief claimed Murray was using the court as a vehicle to suppress free speech, arguing that this lawsuit "threaten[s] the fundamental right of the media to criticize public figures and speak candidly on matters of public concern."[15]

Due to the media coverage of the brief, Murray Energy filed a response, asking the court to disregard it on the basis that the ACLU did not fully disclose a conflict of interest with Oliver's show.[6] The response criticized the tone of the ACLU's submission, arguing that the brief's "vulgar language" displayed its unfitness for consideration.[16] The response also alleged a financial connection, in that on a segment of Last Week Tonight entitled "President-Elect Trump", aired five days after the 2016 presidential election, Oliver encouraged viewers to donate to causes perceived as left-leaning such as Planned Parenthood, the NAACP Legal Defense and Educational Fund, The Trevor Project, the Center for Reproductive Rights, or the International Refugee Assistance Project. Murray Energy argued that this encouragement caused an "immediate surge of millions of dollars in donations to the ACLU," although Reuters argued that Murray Energy did not provide suitable evidence for this claim, in that they provided hyperlinks to three articles that did not explicitly support this argument, instead attributing the rise in donations to the result of the presidential election in general.[6]

Episode[]

Oliver staged a musical number entitled "Eat Shit, Bob!" to end the twenty-ninth episode of Last Week Tonight.
External video
video icon Last Week Tonight with John Oliver: Coal (HBO) on YouTube
video icon Last Week Tonight with John Oliver: SLAPP Suits (HBO) on YouTube

On November 10, 2019, John Oliver aired a segment on his show, entitled "SLAPP Suits". Oliver began by summarizing the legal proceedings so far, including a clip in which Bob Murray promoted his lawsuit on Fox Business.[17] He also noted that despite winning the case, his show's libel insurance tripled in addition to paying over $200,000 in attorney's fees.[12] Oliver then argued that Bob Murray never intended to win his case, and instead attempted to scare HBO and him into silence, leading into the main point of the segment—SLAPP Suits.[18] SLAPP stands for strategic lawsuit against public participation, which are lawsuits designed to threaten targets into not criticizing the plaintiff with the promise of high attorneys' fees and possible payment of damages. Oliver pointed out that Murray has filed at least nine lawsuits against news outlets and journalists who have published negative content about him including HuffPost, who called him an "extremist coal baron"[2] and The New York Times.[19] Oliver argued that Murray has also sued those who may not be fortunate enough to be backed by a large company like HBO and have libel insurance, and suggested that this reputation for litigiousness may have succeeded in its goal of silencing criticism. In particular, Oliver argued that Murray's habits led to the relative silence in the press on two sexual harassment lawsuits against Murray, one of which involved Murray asking a female employee to find a kidney stone that Murray had passed and lost.[17][20][21]

To conclude the section discussing Murray's SLAPP lawsuits, Oliver acknowledged that despite the segment being checked by HBO's lawyers (who he joked were "getting very tired of us"),[18] the episode would likely lead to another lawsuit and that he would stand behind his works if it were to happen.[22] Oliver cited the idea that "loose, figurative language" that cannot be understood as factual is protected under the First Amendment in order to create a musical number to end the episode.[22]

Musical number[]

Drawing the title of "Eat Shit, Bob" from the miner's returned check, Oliver staged a five-minute musical number, initially set in his studio. There, he began singing slowly that "even though he'll threaten legal Armageddon, we have just one tiny thing to say ..." and then extended his middle finger[18] and exclaimed "Bob Murray can go fuck himself today!"[23] He then introduced the "Suck My Balls, Bob" dancers,[24] who moved the setting to Times Square as they recounted fictional anecdotes of Murray committing outlandish and horrifying acts, joking that he perpetrated the 1994 Cobo Arena attack on Nancy Kerrigan, spat on the face of the Mona Lisa, shot puppies into outer space, supplied drugs to Bill Cosby, served as Jeffery Epstein's prison guard, murdered Archduke Franz Ferdinand of Austria and started World War I, and was the unidentified Zodiac Killer.[17][18][23] Oliver centered parts of the song on his First Amendment rationale, saying that "we made up these anecdotes, they're silly and insane" and "If we discuss Bob Murray in a way no reasonable person could construe as factual, we can say whatever the fuck we like!" Mr. Nutterbutter made a reappearance with a squirrel-costume barbershop quartet in squirrel costumes, and Brian d'Arcy James appeared in the role of HBO's legal counsel.[17][25]

Reaction[]

Reception of the musical number was generally positive. The A.V. Club said that the episode was a demonstration in "why rich assholes really shouldn't sue John Oliver," and referred to the musical number as "glorious" and "over-the-top".[17] Outlets were also receptive to Oliver's stance on behalf of those vulnerable to SLAPP lawsuits, with Slate commenting that just because Oliver gave an "impassioned speech standing up for all the small outlets and independent activists bullied into silence by SLAPP lawsuits," that does not mean John Oliver "has matured even a little bit".[13] The Mary Sue agreed that Murray's SLAPP suits create a "culture of fear", but points out that "of course, this is John Oliver we're talking about and 'culture of fear' is basically his Bat-Signal."[26] An editorial from the Charleston Gazette-Mail said that there was "a lesson in John Oliver roasting Bob Murray" in that it leads to the question of why states like West Virginia have relaxed anti-SLAPP laws.[27]

A 2020 West Virginia University paper by Shine Sean Tu and Nicholas Stump referenced the defamation lawsuit as a case that "exhibits the classic anatomy of a SLAPP suit". The paper argued that Murray's lawsuit was indeed typical for a SLAPP lawsuit, in that a powerful corporation or individual used the legal system, particularly through a defamation lawsuit, in order to scare Oliver into silence. The "most appropriate classification for the Oliver case", the paper contended, "is that of a SLAPP suit whose aims are to impede constitutional free speech rights".[28] The lawsuit was also cited in a 2020 law textbook entitled The Law of Public Communication, which similarly outlined it as standard SLAPP Suit and credited Oliver with bringing attention to the topic.[29]

The musical number was nominated for a Primetime Emmy Award for Outstanding Original Music and Lyrics.[23][30] The number lost the category, however, to "All for Us" from Euphoria.[31]

References[]

  1. ^ Stern, Marlow (June 19, 2017). "John Oliver Calls Out the President: 'Trump Needs to Stop Lying to Coal Miners'". The Daily Beast. Retrieved December 13, 2021.
  2. ^ a b c d e f g h Hawkins, Derek (June 17, 2016). "John Oliver, a giant squirrel and a defamation lawsuit by a coal industry titan". The Washington Post. Archived from the original on February 9, 2021.
  3. ^ Urbina, Ian (May 9, 2008). "Utah mine disaster was preventable, report says". The New York Times. ISSN 0362-4331. Archived from the original on November 9, 2020. Retrieved February 9, 2021.
  4. ^ "Feds blame mine operator for fatal collapse". CNN. July 24, 2008. Archived from the original on January 13, 2013. Retrieved February 9, 2021.
  5. ^ "Year after mine collapse, many failures clear". NBC News. August 6, 2008. Retrieved November 19, 2021.
  6. ^ a b c d Frankel, Alison (August 9, 2017). "Murray Energy's tricky attack on ACLU in John Oliver libel case". Reuters. Archived from the original on March 13, 2021. Retrieved February 9, 2021.
  7. ^ Dessem, Matthew (February 24, 2018). "Court Finds John Oliver Has the Right to Hire a Giant Squirrel Named "Mr. Nutterbutter" to Insult Coal Barons". Slate. Retrieved December 13, 2021.
  8. ^ Livni, Ephrat (August 1, 2017). "The ACLU filed a comical brief in defense of free speech and John Oliver's satire". Quartz. Retrieved December 13, 2021.
  9. ^ a b Swan, Betsy (June 22, 2017). "Republican Coal King Sues HBO Over John Oliver's Show". The Daily Beast. Retrieved December 13, 2021.
  10. ^ Maddaus, Gene (June 22, 2017). "John Oliver sued for 'ruthless character assassination' by coal CEO". Variety. Archived from the original on February 14, 2021. Retrieved February 9, 2021.
  11. ^ Nyren, Erin (February 24, 2018). "John Oliver victorious: coal CEO's defamation suit dismissed". Variety. Archived from the original on March 1, 2021. Retrieved February 9, 2021.
  12. ^ a b Locker, Melissa. "John Oliver picks a new fight with a coal boss he called 'a geriatric Dr. Evil' on 'Last Week Tonight'". Time. Archived from the original on February 11, 2021. Retrieved February 9, 2021.
  13. ^ a b Martinelli, Marissa (November 11, 2019). "John Oliver taunts coal baron enraged by giant talking squirrel With giant singing squirrels". Slate. Archived from the original on December 21, 2019. Retrieved February 9, 2021.
  14. ^ a b c Bradley, Laura. "A.C.L.U. defends John Oliver from stupid lawsuit in hilarious amicus brief". Vanity Fair. Archived from the original on January 20, 2021. Retrieved February 9, 2021.
  15. ^ Kane, Vivian (August 2, 2017). "The ACLU Proves Themselves Masters of Savage Snark (While Simultaneously Protecting American Liberties)". The Mary Sue. Retrieved December 13, 2021.
  16. ^ Phillis, Michael (August 8, 2017). "Murray Energy Says ACLU Doesn't Belong In John Oliver Suit". Law360. Retrieved December 13, 2021.
  17. ^ a b c d e Perkins, Dennis. "John Oliver gloriously demonstrates why rich assholes really shouldn't sue John Oliver". The A. V. Club. Archived from the original on January 26, 2021. Retrieved February 9, 2021.
  18. ^ a b c d Saad, Nardine (November 11, 2019). "John Oliver roasts litigious coal titan in epic, squirrel-filled musical number". Los Angeles Times. Archived from the original on January 16, 2021. Retrieved February 9, 2021.
  19. ^ Schwartz, John (October 27, 2020). "Robert Murray, coal baron with clout, dies at 80". The New York Times. ISSN 0362-4331. Archived from the original on December 17, 2020. Retrieved February 10, 2021.
  20. ^ Klein, Kathryn B. (December 8, 2019). "What the hell happened: John Oliver's secret lawsuit". The Harvard Crimson. Archived from the original on October 31, 2020. Retrieved February 9, 2021.
  21. ^ "SLAPP Suits". Last Week Tonight with John Oliver. Season 6. Episode 29. November 10, 2019. HBO.
  22. ^ a b Horton, Adrian (November 11, 2019). "John Oliver takes on muzzling lawsuits – and the man who sued his show". The Guardian. ISSN 0261-3077. Archived from the original on January 6, 2020. Retrieved November 11, 2019.
  23. ^ a b c Drury, Sharareh (September 17, 2020). "Emmys: a guide to this year's music and lyrics nominees". The Hollywood Reporter. Archived from the original on February 12, 2021. Retrieved February 9, 2021.
  24. ^ Kedves, Alexandra (November 12, 2019). "Eat Shit, Bob!". Tages-Anzeiger. Retrieved December 13, 2021.
  25. ^ Ivie, Devon (February 4, 2021). "John Oliver is taking Last Week Tonight's mascot budget 'to my grave'". Vulture. Archived from the original on February 6, 2021. Retrieved February 9, 2021.
  26. ^ Kane, Vivian (November 11, 2019). "Here's why it's a bad idea to sue John Oliver". The Mary Sue. Archived from the original on November 18, 2020. Retrieved February 10, 2021.
  27. ^ "Gazette-Mail editorial: There's a lesson in John Oliver roasting Bob Murray". Charleston Gazette-Mail. November 11, 2019. Archived from the original on February 9, 2021. Retrieved February 9, 2021.
  28. ^ Tu, Shine Sean; Stump, Nicholas F. (February 14, 2020). "Free Speech in the Balance: Judicial Sanctions and Frivolous SLAPP Suits". Loyola Los Angeles Law Review. 54(2) – via SSRN.
  29. ^ Lee, William E.; Stewart, Daxton; Peters, Jonathan (2020). The Law of Public Communication. Taylor & Francis.
  30. ^ Lambe, Stacy (July 28, 2020). "Emmy nominations 2020: the complete list". Entertainment Tonight. CBS Studios Inc. Archived from the original on July 29, 2020. Retrieved July 28, 2020.
  31. ^ "Nominees/Winners | Television Academy". Academy of Television Arts & Sciences. Retrieved September 17, 2020.
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