Anti-SLAPP
A Texas-Sized Battle to Protect Citizens Rights to Speak Freely
Laura Lee Prather and Reid PillifantThe quiet end for SB 896 came after a noisy lobbying effort by media, advocacy, consumer, and business groups to kill the bill.
Court Dismissed Defamation Case Arising from Environmental Advocacy Group’s Campaign to Protect Canadian Forests
Chelsea Kelly and Laura HandmanAfter seven years of litigation, court ruled that defendants had not acted with actual malice and dismissed the case in full.
Court Dismisses Trump’s Tortious Interference Claim Against The New York Times
Samantha C. HamiltonJudge Reed’s decision is especially important for reporters who have sources with NDAs.
Anti-SLAPP Bill Advances in New Jersey
Bruce RosenThis is the first time that an anti-SLAPP measure has been considered by committees in both houses of the NJ Legislature.
California Court Vacates Congresswoman’s Anti-SLAPP Win Against Political Foe
Matthew CateA California court revived a defamation claim against U.S. Rep. Maxine Waters in May, holding that her 2020 GOP opponent provided sufficient evidence that she acted with actual malice in making allegedly false statements about his military record.
D.C. Court of Appeal Affirms Anti-SLAPP Fee Award in “Steele Dossier” Case
Chuck TobinThe court’s decision significantly strengthens arguments for defendants to recover fees under the District’s anti-SLAPP law, including the fees they expend in litigating entitlement to fees.
New York First Department Affirms Dismissal of “Brooklyn Land Shark” Case
Matthew LeishA defendant who prevails on an anti-SLAPP motion to dismiss may recover its attorneys’ fees without the need to file a counterclaim or a separate lawsuit.
Large Coalition of Media and Non-Media Groups Push Back on Proposed Changes to Texas’s Anti-SLAPP Statute
Reid PillifantEliminating the automatic stay would loosen free-speech protections for all Texans, but the bill stands to have a particularly detrimental effect on media organizations that operate in the state.
Utah Becomes Fourth State to Enact the Uniform Public Expression Protection Act
Jeffrey J. Hunt and David C. ReymannThe road to enactment of UPEPA in Utah had its share of twists and turns. In the end, it was some good timing and the involvement of a respected former state legislator that made the difference.
Tennessee Journalists Prevail in Reverse Public Records Dispute Regarding Naomi Judd’s Death
Robb S. Harvey and Quynh-Anh D. KiblerThe procedural battles were unique, to say the least. Ultimately, the media’s requests were fulfilled, and the Judd family voluntarily dismissed their lawsuit.