Be Careful Who You SLAPP Review

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Be Careful Who You SLAPP ReviewThe authors want you to think David v. Goliath. Erin Brockovich v. PG&E. Karen Silkwood v. Kerr McGee. But although this is indeed a story of underdogs fighting for their rights, the moral shading is not quite black and white. And indeed, it's the shades of gray that make this real-life tale a fascinating one indeed.

The role of underdogs is played by Michelangelo Delfino and Mary Day, two research engineers fired after extended careers with high-tech equipment manufacturer Varian Corporation. When Varian's lawyer-heavies obtain a restraining order blocking Delfino from posting critical (and at times insulting) messages on Yahoo's financial message board, all hell breaks loose. Rather than buckling under the assault, Delfino and Day fight back, criticizing and insulting Varian and its exeutives all the more, devoting themselves with tenacity to their legal case, and even sacrificing their personal assets (including their houses) to underwrite the ever-ballooning fees of their attorneys.

Although Delfino and Day are both listed as authors, this is mainly Delfino's story penned by him in the first person. Day is his ever-loyal partner. One wonders at times whether her loyalty is slightly misplaced, since even by his own account, Delfino is no angel. His spin is always self-righteous, his postings are often crass and juvenile. And though he mocks the idea that anyone at Varian should have any legitimate reason to be afraid of him, one wonders. In the opening pages of the book, Delfino relates a previous incident in which "my inadvertent violation of a previous TRO [temporary restraining order] caused me to spend a night in jail." That conflict involved Delfino's "soon to be ex-wife" rather than an employer, but it suggests a man somewhat less than Gandhian in the realm of interpersonal relationships. According to Delfino, that incident ended with a two-hour standoff in which "no less than six male police officers" occupied his house before arresting him "in full view of my children."

Delfino's self-admitted history hangs over the story like a cloud, but it does make things twice as interesting as they would be if Delfino were a proven saint. On the one hand, one can't help but admire the underdog--in this case two ordinary people with the moxie to take on a big company like Varian. Delfino and Day are smart, energetic, and resourceful. And they have fun when they fight. In contrast, the corporate executives and attorneys arrayed against them seem bloated, passionless, and utterly without humor. Varian comes off like the United States fighting the Vietnam War under LBJ, bogged down in a conflict against a smaller but feistier adversary.

On the other hand, one can't avoid the nagging question: given Delfino's own apparent self-admitted domestic history, was Varian's seemingly overbearing use of a restraining order at least partly motivated by a legitimate desire to protect its employees?

This, of course, is the nature of reality. Real people don't live pretty, perfect lives. Often bright people do stupid things. And sometimes, it is people whose behavior may at times offend or even scare others who force us all to confront the question of whether we really do want to live in a free country, with all that implies, or in something less.Be Careful Who You SLAPP Overview

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