Gain the knowledge to recognize and handle a strategic lawsuit against public participation.
SLAPP, a strategic lawsuit against public participation, was first coined by two law professors in the 1980s to describe lawsuits that had one overlying purpose, to intimidate and chill individuals or groups from participating in public discourse. SLAPP lawsuits appeared in many different settings, including, commercial, municipal, and land use. Typically, a SLAPP plaintiff files a SLAPP lawsuit with little hope of winning the lawsuit. The plaintiff's goal is accomplished if the defendant surrenders due to the legal costs of fighting the SLAPP lawsuit and thereafter abandons its activities (free speech). Because of this conduct, presently, 28 states enacted anti-SLAPP statutes: Arizona, Arkansas, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Missouri, Nebraska, Nevada, New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, Texas, Tennessee, Utah, Vermont, plus the District of Columbia and Guam, though the statutes vary greatly in their reach with California and Texas manifesting the most robust applications. These laws contemplate a quick, effective and inexpensive mechanism to combat SLAPP lawsuits by facilitating the early dismissal of the SLAPP lawsuit and for recovery of legal fees and costs by defendants. This topic will teach you how to recognize SLAPP lawsuits and will provide you with practical advice to respond to a SLAPP lawsuit.
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