Defamation lawsuits and other speech-based legal actions have been the subject of increasing discussion, especially in the era of rampant social media use and fake news circulation. When contemplating bringing forth such a lawsuit, there are legal principles and challenges that you should take into consideration. For instance, a defendant may argue that their conduct is covered under the protections of the First Amendment, related to free speech.According to Buckingham, Doolittle & Burroughs, LLC, a lesser-known element that often comes into play in these situations is an “anti-SLAPP” statute.
Most individuals considering defamation lawsuits might not be aware of anti-SLAPP statutes, even though the majority of states in the U.S. have enacted such laws. These laws can introduce significant procedural hurdles for defamation plaintiffs and potentially even penalize them.
Anti-SLAPP (Strategic Lawsuit Against Public Participation) laws were designed to protect against lawsuits that are filed to intimidate or silence critics by burdening them with the cost of a legal defense. This is typically achieved by accelerating the timeline for a defendant to request a dismissal, staying discovery while a motion to dismiss is pending and requiring the plaintiff to pay the defendant’s attorney fees if the motion to dismiss is granted.
Anti-SLAPP laws have the potential to change the course of a defamation or speech-related lawsuit significantly. As such, it is imperative that both plaintiffs and defendants are familiar with these laws, their functionality, and implications on a potential lawsuit.