Frivolous Lawsuits against the Press: The Counterclaim Problem

Abstract

The recent suggestions for filing counterclaims to curb non-meritorious suits against newspapers notwithstanding, a review of press counterclaims found none that was successful. Although threats of counterclaims for malicious prosecution or abuse of process may prevent a frivolous suit from coming to trial, actual continued litigation does not appear to be the answer. Instead, it is suggested a complaint against attorneys who file frivolous lawsuits against the media—to state bar associations—is a “low cost” and possibly “privileged” action worthy of consideration.