Attorneys Randy Dryer and Michael Petrogeorge representing the SWP and the Militant filed a motion to dismiss the suit in federal district court in Salt Lake City, Utah, on February 28 (see articles in this issue).

This is a frivolous lawsuit, as the memorandum in support of the motion to dismiss explains. It is designed to intimidate the miners and their supporters and divert time and energy away from their fight to win reinstatement at the mine, and to be represented by the United Mine Workers of America.

Through this suit the Kingstons also seek to frighten and bully newspapers away from covering this fight, or at least to push them to alter their coverage toward being more “balanced,” that is, giving more space and prominence to the bosses’ claims.

The Militant is a special target of this lawsuit because of the prominent coverage we have given this struggle from its inception in September 2003, and our steadfastness in reporting on what the workers involved have to say about it. We too will not be intimidated or censored from covering this fight.

We urge our readers to stand firm with us in defending the constitutionally protected rights of freedom of the press and freedom of speech. We will continue to report on the unionization battle at that mine, to quote the opinions of the miners involved in this fight, and to cover the proceedings and the decisions of governmental bodies like the National Labor Relations Board and the federal Mine Safety and Health Administration. And we ask for your political and financial support to be able to do this free of harassment by the bosses.

We also proudly defend our right to express an editorial stance in support of the miners, to rally support for their struggle, and to explain how this is the opening salvo in the unionization of western coal—from Wyoming’s Powder River Basin, to the coal fields of Utah and Colorado, and to those in New Mexico.

A decision on whether the case will go forward will likely come later this spring or early summer. As the articles on page 6 of this week’s issue point out, however, civil lawsuits like the one by the Kingstons are a tool the bourgeoisie and its agents have often used against the workers’ movement.

Examples include the 1984 FBI lawsuit against Peter Matthiessen and Viking Press attempting to censor Matthiessen’s book In the Spirit of Crazy Horse or the case Alan Gelfand filed against the SWP in Los Angeles in 1979. Those who bring the suits are often granted wide latitude by the courts to “investigate” and harass the defendants at great financial expense, even if the court ultimately rules against them. “I should have granted the defendants’ motion for summary judgment six years ago,” said judge Mariana Pfaelzer, when she dismissed Gelfand’s case against the SWP in 1989. But she didn’t, allowing it to drag on for years—a common practice by the courts against revolutionary workers’ organizations or socialist newspapers.

The best defense against this kind of lawsuit is a broad public campaign, where the issues at stake are clearly explained to expand and solidify support, accompanied by a vigorous legal defense.

Readers of the Militant have contributed generously thus far, enabling us to retain attorneys in Utah and to meet initial expenses in the case. To be as prepared as possible for the next stage of this fight, we urge you to contribute again now and to continue to support the Militant Fighting Fund. Please write your check or money order to “The Militant,” earmarked Militant Fighting Fund, and send it to 306 W. 37th Street, 10th Floor, New York, NY 10018.
 
 
Related articles:
‘Militant,’ SWP file motion to dismiss harassment suit by Utah mine bosses
‘Militant’ answers defamation lawsuit
Legal brief by socialist weekly, SWP backing motion to dismiss Kingston suit
Bosses, gov’t use suits to harass workers movement  
 
 
Front page (for this issue) | Home | Text-version home