ABSTRACT
In a substantial minority of states, wealthy and powerful individuals can, without much consequence, bring defamation lawsuits against the press and concerned citizens to silence and intimidate them. These lawsuits, known as ‘strategic lawsuits against public participation’ (‘SLAPP’s), are brought not to compensate a wrongfully injured person, but rather to discourage the defendants from exercising their First Amendment rights. In other words, when well resourced individuals feel disrespected by public criticism, they sometimes sue the media or concerned citizens, forcing these speakers to defend themselves in exorbitantly expensive defamation actions. In states without anti-SLAPP statutes – statutes aimed at protecting speakers from these chilling lawsuits – these cases can take months, and sometimes years, to resolve. The result is that speakers – those targeted by the lawsuits and otherwise – will be less inclined to criticize the plaintiff in the future, lest they face a devastatingly burdensome and drawn-out (albeit not meritorious) defamation lawsuit.
Nicole J Ligon, Solving SLAPP Slop, 57 University of Richmond Law Review 459 (2023). Online 16 March 2023.
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