VICTORY! Maine hospital backs down from defamation threat over teen’s criticism

• When 15-year-old Samson Cournane wrote a petition calling attention to patient-safety concerns at a local hospital, the hospital threatened to sue his mother for defamation.
• After FIRE stepped in, the hospital backed down and did not sue before the statute of limitations for the false defamation claim passed.
• Samson became an advocate for free speech and the Maine state legislature cited his example when it passed new stronger speech protections in April.

BANGOR, Maine, Nov. 7, 2024 — A Maine hospital conglomerate forfeited its ability to sue a teenage critic, after the Foundation for Individual Rights and Expression jumped to his defense. On Wednesday, the two-year statute of limitations for the baseless defamation claim expired — ending a free speech battle between the hospital and a 15-year-old patient advocate who wasn’t afraid to speak his mind.

In September 2022, wunderkind Samson Cournane wrote a Change.org petition addressed to his congressman decrying the patient-safety practices and ratings at Northern Light Health’s Eastern Maine Medical Center. The following month, Samson published a letter to the editor on the same topic in the campus newspaper for the University of Maine, where he is a senior studying computer science.

Samson spoke out when the hospital fired his mother, Dr. Anne Yered, after she raised concerns about lagging pediatric-patient safety protocols. Northern Light Health responded to Samson’s writings by threatening to sue his mother for defamation, under the false accusation that she had ghostwritten Samson’s advocacy.

In August 2023, FIRE demanded the conglomerate retract its threat of a lawsuit based on Samson’s statements, which are squarely protected by Maine’s anti-SLAPP statute as opinionated commentary intended to influence public debate. FIRE also enclosed a signed affidavit from Samson certifying that he wrote the petition and op-ed.

COURTESY PHOTOS OF SAMSON FOR MEDIA USE

“When Mainers, whether 15 or 50 years old, ask for their government’s assistance to address perceived wrongs, their statements are protected from baseless lawsuits designed to silence them,” FIRE Senior Attorney Jay Diaz wrote at the time. “Samson’s advocacy statements are wholly protected by Maine law. Any attempt to sue him into silence will fail.”

The statute of limitations for libel and slander in Maine is two years. Because Samson has not made a statement specific to Northern Light since Nov. 6, 2022, the hospital conglomerate has forfeited its right to sue Samson or his mother for his petition.

“I can’t thank FIRE enough for having my back throughout this ordeal,” said Samson. “Together we sent a clear message to anyone who thinks they can silence healthcare workers and advocates: we won’t back down — and we’ll win.”

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Samson’s ordeal is the perfect example of the threat posed to free speech by a strategic lawsuit against public participation, or “SLAPP” for short. In a SLAPP suit, the goal isn’t to win the case but to punish critics for speaking out by forcing them into a costly court proceeding. It’s censorship-by-proxy.

Maine had an anti-SLAPP law on the books when Samson began his advocacy. But his story galvanized state lawmakers to pass a bill to strengthen its protections, extending them to a wider variety of comments, including those made in newspapers and on social media.

Samson personally participated in the push to amend Maine’s anti-SLAPP law through community outreach, TV interviews, presentations, and online advocacy. He also shared his story at conferences, including last year’s Government Accountability Project whistleblower conference, where he met with Sen. Chuck Grassley.

And in one final note of irony, the hospital’s attempt to silence Samson had the opposite effect, resulting in his Change.org petition going from 700 signatures to more than 22,000.

“Let this be a lesson to future would-be censors,” said Diaz. “Attempts to silence your critics often backfire and result in even more negative publicity.”

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

CONTACT:

Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org