Anti-SLAPP
Texas Supreme Court Holds the TCPA Applies to Constitutional Challenge to The Texas Heartbeat Act
Sean NussbaumThe Court resolved only the question of whether the TCPA’s dismissal procedure was available to Weldon and remanded the case to the court of appeals to consider the remaining steps involved in the TCPA analysis—whether the Lilith Fund can establish a prima facie case for its claims and whether Weldon can establish a defense as…
Can a Federal Court Award SLAPP Fees On a Motion to Dismiss?
Adam I. RichA March 2026 opinion from the District of Delaware adds a new wrinkle to the ongoing debate over how federal courts apply the fee-shifting provision of New York's anti-SLAPP law.
Court Dismisses Defamation Claim Against John Oliver Over Medicaid Segment, But Denies Request for Fees Under New York’s Anti-SLAPP Law
Sasha DuddingThe court held that the statements at issue, which sharply critiqued plaintiff Dr. Brian Morley’s denial of home health aide visits to a Medicaid patient, were protected speech on numerous grounds: under New York’s fair report privilege, as substantially accurate, as statements of opinion, and as not of and concerning the plaintiff.
Second Circuit Affirms Dismissal of Satanic Temple Case Against Newsweek
Cameron Stracher and Sara TesorieroThe court reiterated that “there is a critical difference between not knowing whether something is true and being highly aware that it is probably false, and only the latter establishes reckless disregard in a defamation action.”
Court Dismisses Defamation Claim by Kash Patel, But Denies Request for Fees Under New York’s Anti-SLAPP Law
Maggie Burreson, Abby Lahvis, and Marc FullerThe court held that Figliuzzi’s statement, a sarcastic quip about Patel’s high-profile social life, was rhetorical hyperbole.
SLAPPs as a Tool to Silence the Press: How Brazil Is Responding to a Growing Threat
Simone Lahorgue NunesRaising public awareness about SLAPPs – and about the threat they pose to democratic debate – is a crucial first step. Only by acknowledging the problem can Brazil move toward a more robust legal framework capable of safeguarding the right to inform, and to be informed, on matters of public interest.
Texas Pickleball-Tennis Feud Defamation Case to Proceed
Matt KristoffersenA Texas pickleball supporter can proceed with his defamation lawsuit against a homeowner’s association member after she allegedly implied he was a “pervert, pedophile or sexual predator” at a board meeting.
New Jersey Court Denies Anti-SLAPP Motion in Political Speech Case
Bruce S. RosenThe New Jersey Appellate Division has issued a published decision on New Jersey’s anti-SLAPP law that appears to undermine the statute’s processes, while also potentially retreating from that court’s explicit requirements for pleading actual malice and the state’s strongly defined tolerance for hyperbolic political speech.
Washington UPEPA Appellate Decision Holds Parishioner’s Statement That Encounter with Pastor Was “Rape” Is Not Defamatory
Theo A. Lesczynski and Eric M. StahlIn a decision that strengthens First Amendment protections for sexual assault survivors who choose to speak out, the Washington Court of Appeals dismissed a pastor’s defamation lawsuit against a parishioner who characterized a sexual encounter with him as “rape.”
Colorado Supreme Court Decides Which Speech is Protected by State’s Anti-SLAPP Act
Michael Beylkin and Steve ZansbergIn its first opinion interpreting the state’s anti-SLAPP statute, the Colorado Supreme Court provided an expansive reading of which types of speech (or expressive conduct) are entitled to the statute’s protection.