SLAPP stands for Strategic Lawsuit Against Public Participation (SLAPP), and anti-SLAPP laws provide important legal protections that work to safeguard public speech and civic participation. They are designed to prevent frivolous lawsuits from silencing critics or stifling public debate.

SLAPP lawsuits are typically filed by powerful entities – often corporations, developers, or public figures – against individuals or organizations who have spoken out against them in some way. These suits generally claim defamation, libel, or business interference. The primary purpose of filing a SLAPP claim isn’t necessarily to win, but rather to burden the defendant with expensive and time-consuming legal proceedings until they abandon their criticism or advocacy.

Anti-SLAPP laws provide several important protections. They give defendants the ability to file a special motion for early dismissal of cases that appear to target protected speech or public participation, helping courts identify and eliminate meritless suits before defendants incur substantial legal costs. Many anti-SLAPP statutes also effectively shift the burden of proof to the plaintiffs by requiring them to demonstrate the probability that they’ll prevail on their claims at an early stage. Importantly, these laws often include provisions for a mandatory award of attorneys’ fees to successful defendants. This can serve as a powerful deterrent to keep potential plaintiffs from filing frivolous suits.

Beyond helping individual plaintiffs, anti-SLAPP legislation protects various forms of protected speech, including:

– Public comments at government meetings

– Consumer reviews and complaints

– Environmental advocacy

– Media reporting on matters of public interest

– Peaceful protests and demonstrations

As helpful as anti-SLAPP protections are, it’s important to remember that their power varies significantly based on your jurisdiction. Some states have comprehensive protections, while others have limited or no anti-SLAPP legislation. This has led to “forum shopping,” with SLAPP plaintiffs filing their suits in jurisdictions with weaker protections for the named defendants. At the federal level, there is currently no uniform anti-SLAPP law, though various proposals have been introduced.

Anti-SLAPP laws have become more and more important in the digital age, where social media and online platforms have expanded opportunities for public commentary and criticism. They help to keep powerful entities from using litigation to suppress digital speech or intimidate online critics, protecting individuals’ and organizations’ ability to participate in public debate without fear of retaliatory litigation.

If you’re facing the threat of expensive litigation and believe that the claim against you represents a SLAPP case, our experienced attorneys can help. Contact us today to set up a time for us to speak.