What is a SLAPP?
The rights to speech and petition are enshrined in the First Amendment to the United States Constitution. Free speech and healthy debate are vital to the well-being of a democracy. In fact, the United States Supreme Court has said that the right to petition the government is the very foundation of our democracy.
SLAPP = Strategic Lawsuit Against Public Participation
SLAPPs are Strategic Lawsuits Against Public Participation. These damaging suits chill free speech and healthy debate by targeting those who communicate with their government or speak out on issues of public interest.
SLAPPs are used to silence and harass critics by forcing them to spend money to defend these baseless suits. SLAPP filers don’t go to court to seek justice. Rather, SLAPPS are intended to intimidate those who disagree with the filer or their activities by draining the target’s financial resources.
SLAPPs are effective because even a meritless lawsuit can take years and many thousands of dollars to defend. To end or prevent a SLAPP, those who speak out on issues of public interest frequently agree to muzzle themselves, apologize, or “correct” statements.
You can learn more about SLAPPs from our friends at the Public Participation Project, a non-profit organization advocating for both state and federal anti-SLAPP laws:
What is an anti-SLAPP law?
Anti-SLAPP laws provide protections to targets of SLAPPs and impose penalties on SLAPP-filers. While anti-SLAPP statutes differ in a variety of ways, many function as follows:
A defendant can file a motion for expedited dismissal of a purported SLAPP, upon which a pre-trial hearing must be held within a statutorily defined time period. If the suit is determined at that hearing to be meritless and to be sufficiently related to First Amendment-related activity, the suit is dismissed. Upon prevailing, the defendant is typically entitled to some form of monetary relief.
State anti-SLAPP laws vary in strength in breadth. To see how, check out the Public Participation Project’s anti-SLAPP state anti-SLAPP law scorecard: