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First Amendment › Anti-SLAPP › Defamation

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Ballard Spahr LLP

Pennsylvania Protects Press Freedom, Passes Anti-SLAPP Statute

Ballard Spahr LLP on

Yesterday, July 17, 2024, Pennsylvania joins more than 30 states that have enacted anti-SLAPP laws, providing protection to journalists and media outlets from meritless claims....more

Weintraub Tobin

(Podcast) The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update

Weintraub Tobin on

In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The...more

Weintraub Tobin

The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update

Weintraub Tobin on

In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The...more

Littler

SLAPP Back: Colorado Court of Appeals Addresses Protection Against “Vengeful” Online Posts

Littler on

On November 30, 2023, the Colorado Court of Appeals in Tender Care v. Barnett tested the limits of Colorado’s anti-SLAPP law in considering whether an individual’s online review of a company could invoke the protections of...more

Buckingham, Doolittle & Burroughs, LLC

What is an Anti-SLAPP Statute?

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If you are considering filing a defamation lawsuit or other speech-based claim, you are likely aware that your claim may be challenged based upon free-speech principles or that the defendant may claim that their conduct is...more

Jackson Walker

Supreme Court of Texas Runs at the Low Hurdle of Prima Facie Evidence in Anti-SLAPP Motion Practice

Jackson Walker on

Last week, the Supreme Court of Texas addressed the quantum of evidence required for a plaintiff to support a prima facie case and survive a motion to dismiss brought under the Texas Citizens Participation Act, Texas’s...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Danish Cults and Defamation

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Ninth Circuit addresses the First Amendment “limited-purpose public figure” doctrine in the context of a charitable organization’s fundraising activities.  The Court holds that charitable organizations...more

Holland & Knight LLP

Virginia's Not For Lovers: Why Virginia May See More Defamation Claims After Depp v. Heard

Holland & Knight LLP on

In the wake of the recent six-week-long trial and defamation verdict in favor of Johnny Depp in Virginia's Fairfax County Circuit Court, many are asking what led to this outcome. Holland & Knight litigators share three...more

Allen Matkins

If Form 10-K Statements Are "Protected Activity", What About Form 8-K and 10-Q Filings?

Allen Matkins on

Yesterday's post concerned the California Court of Appeal's holding that statements made in a Form 10-K were "protected activity" under California's Anti-SLAPP statute because they were made "in connection with an issue under...more

Allen Matkins

Court Holds Form 10-K Statements Constitute "Protected Activity"

Allen Matkins on

Under California's Anti-SLAPP law, a defendant may bring a special motion to strike any cause of action "arising from any act of that person in furtherance of the person's right of petition or free speech under the United...more

Proskauer Rose LLP

Three Point Shot - Dec 2021

Proskauer Rose LLP on

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

Womble Bond Dickinson

Maddening Online Complaints: Saving You From Yourself

Womble Bond Dickinson on

We work hard for our businesses, and those of you who started your own enterprise are even more deeply concerned about it than others. Which is why criticism of your business can be so frustrating....more

Davis Wright Tremaine LLP

The Annual Roundup of California Anti-SLAPP Appellate Decisions

Davis Wright Tremaine LLP on

In 2019, California’s appellate courts issued 42 published opinions interpreting the state’s anti-SLAPP statute. Cal. Civ. Proc. § 425.16 et. seq. Litigants filed at least 435 anti-SLAPP motions in California’s trial courts...more

Dickinson Wright

The Essential Guide to the Texas Anti-SLAPP Law, the Texas Defamation Mitigation Act, and Rule 91a

Dickinson Wright on

Mark Walker, member partner in our El Paso office, authored a white paper on Texas Anti-SLAPP law. The paper serves as a guide through the history of the TCPA, an outline of its provisions and application, and a navigation...more

Zuckerman Spaeder LLP

Court Decides That CNN Producer’s Discrimination Claims Are Not “Fake News”

Zuckerman Spaeder LLP on

Can a news organization avoid a discrimination claim by arguing that it was exercising its First Amendment right to choose who writes the news? That’s the question that the California courts have been grappling with in...more

Seyfarth Shaw LLP

Fifth Circuit Holds the TCPA Does Not Apply to Federal Court Diversity Cases

Seyfarth Shaw LLP on

On August 23, 2019, the United States Court of Appeals for the Fifth Circuit issued its long-awaited opinion in Klocke v. Watson, 17-11320, 2019 WL 3977545, at *1 (5th Cir. Aug. 23, 2019), holding that the Texas Citizens...more

Kilpatrick

Fifth Circuit Rules Texas Anti-SLAPP Laws Do Not Apply In Federal Court

Kilpatrick on

On August 23, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion resolving “an issue that has brewed for several years in this circuit” regarding the intersection of Texas free speech protections and...more

Brownstein Hyatt Farber Schreck

Colorado Enacts Anti-SLAPP Law

Brownstein Hyatt Farber Schreck on

Following the Lead of Many Other States in the Nation, Colorado Passes Its Own Robust Statute to Curb Retaliatory Litigation for Speaking Out on Public Issues - Strategic Lawsuits Against Public Participation (“SLAPP”)...more

Proskauer - California Employment Law

LA Times Wins Lawsuit Against Former Freelancer

Proskauer - California Employment Law on

The California Court of Appeal affirmed dismissal of a former freelancer’s defamation and employment-related claims against the Times. Frederick Theodore Rall III, a political cartoonist and blogger for the paper, brought...more

Kelley Drye & Warren LLP

Trump Awarded Nearly $300,000 In Attorney’s Fees And Costs Following His Successful Anti-SLAPP Motion Against Stormy Daniels

Kelley Drye & Warren LLP on

We previously posted about President Donald Trump’s successful use of the First Amendment in bringing an anti-SLAPP against Stormy Daniels based on her claim of defamation. On October 15, 2018, Stormy appealed that decision...more

Kelley Drye & Warren LLP

Trump Uses First Amendment To Avoid Liability In Defamation Action

Kelley Drye & Warren LLP on

October 15, 2018 – Blanketing Himself In First Amendment Protections, Trump Wins Dismissal of Stormy Daniels’ Defamation Suit - October 16, 2018 – Prominent Nonprofit Sues Trump For Using His Presidential Powers To Violate...more

Ballard Spahr LLP

Nevada Court Rejects Defamation Claim Brought Against Associated Press by Casino Mogul

Ballard Spahr LLP on

In an opinion and order issued recently, a Nevada state court dismissed with prejudice a defamation claim brought by businessman Steve Wynn against the Associated Press (AP) and one of its reporters. ...more

Best Best & Krieger LLP

“Protected Activity” Rejected by California Appellate Court Under Anti-SLAPP Statute - School District Officials’ and Board...

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How and where public officials share information is critical to whether the dissemination is “protected activity” under California’s anti-Strategic Lawsuit Against Public Participation statute, an appellate court has found....more

Best Best & Krieger LLP

Stormy Daniels’ Attorney May Have Fallen Into SLAPP Trap - Legal Analysis by BB&K Attorneys Damian Moos and Kandice Kim in Law360

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California’s anti-SLAPP statute presents a formidable trap for the unsuspecting plaintiffs attorney, especially when it comes to claims that are based on statements connected to an actual or possible legal matter. The...more

Proskauer - Minding Your Business

CA Court of Appeal Confirms Narrow Construction for Anti-SLAPP Commercial Speech Exemption

Proskauer - Minding Your Business on

A recent California Court of Appeal decision highlights the narrow construction given to the commercial speech exemption of California’s anti-SLAPP statute, and the burden on plaintiffs opposing an anti-SLAPP motion on the...more

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