Timeline of the Hindu American Foundation’s SLAPP Lawsuit
Summary
In early 2021, Audrey Truschke began research on US-based Hindu nationalist groups, including the Hindu American Foundation (HAF). In April she shared on social media two articles written by Raqib Naik, a well-respected journalist, for Al Jazeera. HAF sent Dr. Truschke a cease-and-desist letter in April and sued her for alleged defamation in May 2021 along with four co-defendants (neither Mr. Naik nor Al Jazeera were sued). HAF hired Harder LLP, a law firm that had previously represented Harvey Weinstein and Donald Trump, to pursue this litigation known as Strategic Lawsuit Against Public Participation (SLAPP) meaning a frivolous suit aimed at chilling public discourse.
Dr. Truschke was represented by the Cornell Law School First Amendment Clinic and co-counsel Davis Wright Tremaine LLP, who worked pro bono. All five defendants secured pro bono representation in the case. In December 2021, HAF admitted in a public event, titled “How to Sue Your Haters” that they had spent $200,000 on the lawsuit at that point. Judge Amit Mehta oversaw the case and, in early to mid 2022, ordered limited discovery into HAF’s finances and donor information. This resulted in the disclosure of relevant documents from HAF and two depositions given by HAF’s executive director. Following that discovery and additional briefing, Judge Mehta dismissed the lawsuit against all five defendants in December 2022 on two distinct grounds. While there have been prior cases of Hindutva legal harassment of activists in the US, this case signalled an evolution of Hindutva tactics.
Pre-Lawsuit
Early 2021: Audrey Truschke begins a research project on the US-based Hindu Right, including the Hindu American Foundation
April 2, 2021: Publication of Raqib Hameed Naik, “Hindu right-wing groups in US got $833,000 of federal COVID fund,” Al Jazeera, link
April 8, 2021: Publication of Raqib Hameed Naik, “Call for US probe into Hindu right-wing groups getting COVID fund,” Al Jazeera, link
April 19, 2021: Hindu American Foundation, through the law firm Harder LLP, sends 5 cease-and-desist letters to Al Jazeera and Mr. Naik (jointly), Rasheed Ahmed, Sunita Viswanath and Raju Rajagopal (jointly), John Prabhudoss, and Audrey Truschke
Lawsuit Filed
May 7, 2021: HAF files a civil lawsuit for alleged defamation and civil conspiracy in the District of Columbia against five defendants—Sunita Viswanath (named defendant), Rasheed Ahmed, John Prabhudoss, Raju Rajagopal, and Audrey Truschke—claiming 75 million dollars (soon thereafter corrected to $75,000) in damages
May 15, 2021: Thirty-nine Global Rights Organizations release a statement condemning HAF’s actions and characterizing the proceedings as a SLAPP lawsuit
May 20, 2021: 300+ Writers, Academics and Scholars release a statement condemning HAF’s actions and characterizing the proceedings as a SLAPP lawsuit
May–June 2021: All five defendants secure pro bono representation that includes, in total, four law firms (Dorsey & Whitney, Ballard Spahr, Davis Wright Tremaine, and Holwell Shuster & Goldberg) and Cornell Law School First Amendment Clinic; Dr. Truschke connects with her four co-defendants (she had not previously been acquainted with all of them).
June 14, 2021: Al Jazeera releases a statement supporting Raqib Hameed Naik in the face of death threats and harassment he received as the result of his reporting on Hindu Right groups
Motions to Dismiss
August 27, 2021: Motions to Dismiss filed by Viswanath and Rajagopal (jointly), Prabhudoss, and Truschke
September 3, 2021: Motion to Dismiss filed by Ahmed
October 22, 2021: HAF files oppositions to the four Motions to Dismiss
November 12, 2021: Five defendants file replies to HAF’s oppositions to the Motions to Dismiss
December 2, 2021: Hindu American Foundation holds their annual End of the Year event, titled “The Power of the Law: How to Sue Your Haters.” They admit to the lawsuit having cost their donors $200,000 to date
Limited Discovery into HAF’s Finances
March 15, 2022: Judge Amit Mehta stays the Motions to Dismiss and opens a two-month window for limited discovery on HAF to determine if they have plausibly suffered the federal minimum of $75,000 of damages; he also provides instructions for post-discovery briefing
March 18, 2022: Five defendants submit their initial round of discovery requests and interrogatories to HAF
March 23, 2022: Two deposition notices are served on HAF: (1) 30(b)(6) deposition notice for a representative of the organization and (2) a deposition notice for Ms. Suhag Shukla
April 8, 2022: Court order adjusts window for discovery into HAF’s financials and provides an updated schedule for subsequent briefing
April 8, 2022: Rajiv Pandit, a Hindu American Foundation board member, sends a cease-and-desist letter threatening legal action against journalist Raqib Hameed Naik for calling out on social media statement made by Dr. Pandit that was widely interpreted as a call for violence against Kashmiri Muslims
April 2022: Two sides agree that Suhag Shukla be deposed as both herself and as a representative of HAF; deposition date set for May 16, 2022
April 20, 2022: Harder responds in writing to defendants’ discovery requests regarding subject matter jurisdiction
May 2, 2022: HAF produces discovery documents and answers interrogatories
May 3, 2022: The Council on American-Islamic Relations (CAIR) sends a letter on behalf of Raqib Naik to Hindu American Foundation board member Rajiv Pandit. The letter informs Dr. Pandit that CAIR will be presenting Mr. Naik pro-bono and declares an intention to file for anti-SLAPP fees should Dr. Pandit proceed with a lawsuit. The letter also meticulously lays out how Dr. Pandit, indeed, endorsed a call for genocide in a social media discussion of the propaganda film “Kashmir Files.”
<note> As of December 2022, Dr. Pandit has not filed a lawsuit against Mr. Naik.
May 5, 2022: Judge Mehta issues Stipulated Protective Order that applies to all discovery in the case and is agreed upon by all parties
May 16, 2022: Suhag Shukla sits for two depositions, as an individual and a 30(b)(6) deposition representing HAF. Depositions last approximately 7.5 hours; multiple defendants are present
June 2, 2022: HAF produces additional discovery documents to the defendants
June 10, 2022: Attorneys for all five defendants file a consolidated brief on HAF’s financial documents arguing that they have not met their burden of showing the financial loss required to file in federal court. The brief is filed under two versions: one under seal (along with a brief motion to file under seal) and another redacted that is publicly available
June 24, 2022: HAF’s attorneys file response to consolidated brief, along with a declaration by Suhag Shukla and a declaration made by Eric Rose (produced earlier to defendants in discovery). HAF’s response contains further financial disclosures and insights into the group’s operations
July 8, 2022: Five defendants file reply to HAF’s response
Dismissal
December 20, 2022: Judge Mehta orders dismissal of HAF’s complaint, on two grounds. HAF indicates they will not appeal.
Postscript
February 13, 2023: Mr. Raqib Naik petitions the court to unseal a filing in the lawsuit, due to public interest and the presumption that US court filings are public
*Timeline published in January 2023, with updates thereafter
Further Resources
Georgetown’s Fact Sheet covering the Hindu American Foundation’s ties to the paramilitary RSS
Explainer on HAF’s SLAPP lawsuit