Strategic lawsuit against public participation

"SLAPP suits" redirects here. For the Last Week Tonight segment, see SLAPP Suits.

Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits),[1] or strategic litigation against public participation,[2] are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.[3]

In a typical SLAPP, the plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons the criticism. In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization's ability to operate.[4] A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. SLAPPs bring about freedom of speech concerns due to their chilling effect and are often difficult to filter out and penalize because the plaintiffs attempt to obfuscate their intent to censor, intimidate, or silence their critics.

To protect freedom of speech, some jurisdictions have passed anti-SLAPP laws. These laws often function by allowing a defendant to file a motion to strike or dismiss on the grounds that the case involves protected speech on a matter of public concern. The plaintiff then bears the burden of showing a probability that they will prevail. If the plaintiffs fail to meet the burden, their claim is dismissed and the plaintiffs may be required to pay a penalty for bringing the case.

Anti-SLAPP laws sometimes come under criticism from those who believe that there should not be barriers to the right to petition for those who sincerely believe they have been wronged, regardless of ulterior motives. Hence, the difficulty in drafting SLAPP legislation, and in applying it, is to craft an approach which affords an early termination to invalid, abusive suits, without denying a legitimate day in court to valid good faith claims. Anti-SLAPP laws are generally considered to have a favorable effect, and many lawyers have fought to enact stronger laws protecting against SLAPPs.[5][page needed]

  1. ^ Pring, George William; Canan, Penelope (1996). SLAPPs: Getting Sued for Speaking Out. Temple University Press. p. x. ISBN 978-1-56639-369-0.
  2. ^ "Strategic Litigation Against Public Participation (Freedom of Expression) Bill [HL]". Parliamentary Debates (Hansard). Vol. 820. Parliament of the United Kingdom: House of Lords. 18 March 2022. col. 571.
  3. ^ Rafsanjani, Nazanin (2 April 2010). "SLAPP Back: Transcript". On The Media. WNYC (National Public Radio, PBS). Archived from the original on 21 May 2013. Retrieved 29 June 2011.
  4. ^ McDevitt, John (16 May 2013). "Whacked By Lawsuit Costs, Old City Civic Association Disbands". KYW-TV, CBS. Philadelphia.
  5. ^ Tate, Kathryn W. (1 April 2000). "California's Anti-Slapp Legislation: A Summary of and Commentary on Its Operation and Scope". Loyola of Los Angeles Law Review. 33: 801–886. Retrieved 7 July 2017.