What Is a SLAPP Lawsuit?
🧑⚖️ Can Judges Post on Social Media?https://www.yuhikaku.co.jp/static_files/2020E_kenpou.pdfUnderstanding SLAPP Lawsuits and Judicial Neutrality in Simple TermsHi there!Today, we’re diving into a legal topic that may sound complicated at first, but we’ll break it down step-by-step so that even a middle school student can understand.We’re going to explore: What a SLAPP lawsuit is, Why it matters in a democratic society, and Whether a judge posting opinions on Twitter is a problem or not.Let’s get started!📌 What Is a SLAPP Lawsuit?SLAPP stands for:Strategic Lawsuit Against Public Participation🧠 What does it mean?Imagine you criticize a politician online — maybe you say they made a bad decision. That politician might then sue you for defamation. But not because they were truly harmed… Rather, to scare you into staying silent.That’s a SLAPP.👉 In short:A SLAPP lawsuit is used not to win legally, but to punish or silence public criticism.⚖️ Now, What Did the Judge Do?A judge named Y was interested in protecting people from SLAPP lawsuits. So he did a few things: He wrote an article in a legal journal saying Japan should adopt anti-SLAPP laws, like in California. He also used Twitter, with his real name and job title in his profile, to regularly post about SLAPP-related cases. In one post, he linked a news article about a Japanese politician (P) who sued someone for defamation, writing only: “Even in Japan…” Later, when the same politician filed another similar lawsuit, the judge posted: “Once again…” with a link. 😠 What Happened Next?The politician (P) was offended, claiming that the judge’s tweet made it seem like the lawsuit was unfair or abusive.He filed a complaint with the court where Judge Y worked.Judge Y’s chief judge gave him a warning.P later complained again, claiming that the judge’s article and tweets undermined judicial neutrality — that is, they made it seem like the judge was biased or unfair.🎯 What’s the Legal Issue?The core issue is:Can a judge express opinions on social media without violating their duty to remain neutral and fair?Let’s consider both sides:✅ Arguments in favor of the judge: He didn’t handle the case himself (no direct conflict). His comments were general and academic. Freedom of expression is a constitutional right.❌ Arguments against the judge: His job requires impartiality and public trust. The posts could be misunderstood as targeting a specific person. Using phrases like “Even in Japan…” might imply criticism of a current legal case.🔍 So, What Would the Supreme Court Say?In Japan, if a judge’s behavior is believed to be inappropriate, the Supreme Court may be asked to review it and decide whether disciplinary action is needed.In this case, it's likely that the Supreme Court would: Acknowledge the importance of free speech, especially for academic or legal discussion. But also stress the need for caution when judges use public platforms. Conclude that a warning was enough, and that formal discipline (懲戒処分) was not necessary.📝 Summary for Law Exam TakersJudges are required to maintain neutrality and avoid appearing biased. Expression of opinions is allowed, but care must be taken when referencing real people or events. Whether an action violates neutrality depends on: The judge’s role in the case (e.g., are they involved?), The content and tone of the message, The public perception of fairness. The key legal concept is the “duty to maintain public confidence in judicial impartiality.”📘 Vocabulary Boost for TOEIC Legal Concept (JP) English Term (TOEIC-style) 名誉毀損 defamation / libel 訴訟 lawsuit / litigation 裁判官 judge 中立・公正 impartiality / neutrality 懲戒処分 disciplinary action 表現の自由 freedom of expression 担当外 not in charge / unrelated case 被告 defendant 原告 plaintiff 信頼失墜行為 act damaging public trust 🌟 Final ThoughtsEven judges are human and can have opinions.But when your job is to make fair and unbiased decisions, the public needs to trust you completely.That’s why a judge must be extra careful when using Twitter or other social media.This case reminds us that freedom of speech and professional responsibility sometimes collide — and balancing them is one of the big challenges in a democratic society.