May 9 - Anti-SLAPP Rulings Revealed and Why Marilyn Manson Has a Strong Case for an Appeal Anti-SLAPP laws work by putting more burden than usual on defamed plaintiffs like Manson, forcing them to clearly show at the outset that their case is legitimate. In California, the reason strict anti-SLAPP laws exist is because they have so many cases to go through, and it helps to alleviate the pressure of the courts by making cases less time consuming by eliminating certain aspects of a claim before they go to discovery. The major drawback of this is that a plaintiff must enter the case with all their evidence in hand when it comes to defamation claims even before discovery can be conducted. Thus, it makes it almost impossible for a defamation claim to pass into the discovery portion of the case unless the unquestionable evidence already clearly exists. In some cases, like Manson's, the intentional infliction of emotional distress claim can also be part of the anti-SLAPP. Summary of the
Marilyn
Manson and Evan Rachel Wood began dating in January 2007 following his
divorce with Dita Von Teese on December 29, 2006. In October 2008 they
broke up, though both indicated a possibility of coming back together in
the future, but cited their separation as taking place because they
chose to focus on their careers away from each other. They both
reportedly dated other people during their time apart.
In early November 2008 Evan issued the following two statements about her breakup with Marilyn Manson:
1. In early November 2008 People magazine
featured a short article titled "Evan Rachel Wood Defends Marilyn
Manson Breakup", where she responded to false claims being circulated
concerning their break up, such as Marilyn Manson kicking out of his
guest house Evan's brother Ira who supposedly overstayed his welcome, and for being
controlling and emotionally abusive in their relationship. She
explained:
"Manson and I both decided to take some time apart so we could
concentrate on work. Someone used that opportunity to kick us while we
were down and sell a completely false story. Manson owns the house he lives in. My brother has never stayed there and
the person that said such horrible things about Manson being
‘controlling’ and 'emotionally abusive' is certainly no source ‘close’
to me. Manson has been by my side and taken care of
me through the best and worst times. I love him as a person and as an
artist. I will always be proud to have been a part of that. If
any more attacks are made on us, it is the act of a desperate, selfish
person, who is angry to no longer be a part of my life. No further
comment will be made and we request our privacy at this time."
2. Us Magazine interviewed Evan on November 9, 2008 at the Hamilton Life Behind the Camera Awards in
Hollywood, asking about her break up with Marilyn Manson:
"I’m always going to love him and respect him,” she told them.
Asked how she is feeling, she told reporters, “I’m doing fine, you know, as best as can be expected.”
She denied reports that they called it quits after Manson kicked her brother Ira out of his guest house.
“You know, it’s not the nasty thing everybody thinks it is,” she said. “We’ve both got incredible things going on right now. He’s making an amazing album – I’ve heard some of it, and he should be very proud of it. You know, I’ve got The Wrestler going on, and I’m focusing on that,” she added.
Of the split, she said, “It’s not a bad thing. It’s life – it happens. But now, it’s like the story that comes right after the breakup: Who am I dating now?” she said. “So right now, I’m just enjoying being on my own. It’s just not in the cards right now.”
Concluding Remarks:
Following
their first breakup in October 2008, Evan had nothing negative to say
about her relationship with Manson. In fact, when she would be asked
if there was a possibility of them getting back together, she would
tell reporters that there was a possibility, though there were no plans
to do so. She would further defend her relationship with Manson and give
clarification to reports that Manson was controlling and emotionally
abusive by emphatically denying any such claims.
The two would have a brief reunion in February 2009.
