From last week's California Court of Appeal decision in Cusi v. Gibson, written by Alameda Superior Court Judge Michael Markman, joined by Justices Therese Stewart and Marla Miller:
Alison Gibson's appeal from the denial of her anti-SLAPP motion concerns the consequences of her demonstrably false online speech. Ramon Cusi sued Gibson after she had posted in a large Facebook community group that Cusi had been "fired for sexual harassment" from his position as principal of her daughter's middle school, as well as from a prior position at another school. Neither school, however, had terminated Cusi "due to allegations or a legal finding of sexual harassment." Cusi's attorney tried to get Gibson to take the post down, but Gibson instead posted an edited version of her comments and Gibson's husband left the attorney a voicemail refusing to take further action…..
The court concluded that Cusi introduced enough evidence of knowing or reckless falsity for the case to go forward, though the "demonstrably false online speech" reference in the first sentence above suggests that the court thought the case on falsity was open and shut. Here's the discussion of knowledge or recklessness:
