Also known as a SLAPP Suit.
It is a common tactic for discouraging interest groups from participating in public debate.
From AI Overview:
A SLAPP, or Strategic Lawsuit Against Public Participation, is a meritless lawsuit filed to intimidate and silence individuals or groups for speaking out on matters of public concern. The goal is not to win the lawsuit but to use expensive legal proceedings to drain the defendant's resources and deter them from further criticism.
How SLAPP suits work
- SLAPPs are effective because defending against a lawsuit, even a baseless one, can cost a defendant tens of thousands of dollars in legal fees. The threat of mounting costs can force critics to retract their statements or apologize to end the legal harassment.
Common targets of SLAPP suits include: Environmental and community activists protesting a real estate development.
- Journalists and bloggers who write critical articles.
- Individuals who post negative online reviews of a business.
- Concerned citizens who testify at a public hearing.
- Victims of domestic violence or sexual assault who speak out against their abusers.
The legal claims in a SLAPP are often disguised as legitimate civil actions, such as:
- Defamation (libel or slander)
- Invasion of privacy
- Tortious interference with contract or economic advantage
Anti-SLAPP laws
- To counteract SLAPPs and protect free speech, many U.S. states and countries have enacted anti-SLAPP laws. These statutes are designed to provide a legal defense that allows for the quick dismissal of meritless lawsuits.
While anti-SLAPP laws vary by jurisdiction, they generally provide the following protections:
- Expedited dismissal: The defendant can file a special motion to strike or dismiss the case early in the legal process, before expensive and time-consuming discovery begins.
- Burden of proof shift: After the defendant shows the lawsuit is related to protected speech, the burden shifts to the plaintiff to prove they have a legally sound case and will likely prevail at trial.
- Cost and fee recovery: If the defendant successfully gets the suit dismissed, many anti-SLAPP statutes mandate that the plaintiff pay the defendant's legal costs and attorney's fees. This provision serves as a strong financial deterrent against filing SLAPPs.
- Right of interlocutory appeal: Some states allow the defendant to immediately appeal a judge's denial of their anti-SLAPP motion, preventing the case from moving forward while the appeal is pending.
Limitations of anti-SLAPP laws
- No federal law: There is no federal anti-SLAPP law in the U.S., and federal circuit courts are divided on whether to apply a state's anti-SLAPP statute in federal court. This lack of uniformity can lead to forum shopping, where a SLAPP plaintiff chooses a federal venue that does not recognize state anti-SLAPP protections.
- State-by-state variation: Some state laws are much stronger than others. For example, some offer broad protections for all speech on a matter of public concern, while others only protect communications directed to a government body.
- Strategic complexity: Identifying a lawsuit as a SLAPP can be difficult. If a defendant incorrectly files an anti-SLAPP motion, they could be on the hook for the other side's legal fees. Legal counsel with specific anti-SLAPP experience is often necessary.
Links
- SLAPP suit.
- Strategic lawsuit against public participation.
- Understanding Anti-SLAPP laws.
- A Brief History of SLAPP Suits.
- SLAPP Suits: An Encroachment on Human Rights of a Global SLAPP Suits: An Encroachment on Human Rights of a Global Proportion and What Can Be Done About It Proportion and What Can Be Done About It.
