You have been SLAPPed

A Strategic Lawsuit Against Public Participation ("SLAPP") is litigation intended to intimidate and silence critics or opponents by burdening them with the cost of a legal defense so that they abandon their criticism or opposition. These suits are often brought by corporations, real estate developers, government officials and others against individuals and community groups who oppose them on issues of public concern. A SLAPP suit occurs when an corporation sues an individual in order to intimidate.

SLAPPs frequently contain claims for libel, slander, defamation, malicious prosecution, or abuse of process. The suit may not be successful, however, it may cause the individual to stop speaking out on matters that concern the public due to the expensive nature of defending the suit.

This sounds like an intimidating suit and one that would cause the most couragous to think twice about speaking out. However, in 1993 California passed an anti-SLAPP law. (Cal. Civ. Proc. 425.16 through 425.18.) This has enabled courts to dismiss frivoulous actions, or actions that are unlikely to succeed. The courts have a two-part test to determine the validity of the SLAPP motion. First, the court determines whether protected expressive activity was the cause of the suit. Second, the plaintiff must establish the probability that he or she will prevail on the claim.

The expressive activity protected under the anti-SLAPP law is broad. The activity which is protected under the law includes:

• Any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law;
• Any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law; or
• Any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest.
• Any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue.

How can a person protect themselves against such an expensive suit? If you are a homeowner and carry homeowner's insurance, check you policy for personal injury liability coverage. Many policies protect homeowners from personal injury lawsuits based on such things as defamation, nuisance, interference with contract, etc. If you can't tell whether your policy will protect you, consult your carrier. If your present policy does not cover you, ask about a rider which would extend coverage to such matters.

Other states have similar protections against SLAPPs. For the text of statutes and court opinions from other states, see http://www.casp.net/statutes/menstate.html

You can also access materials on how to defend a SLAPP from http://www.casp.net/

Use the following form to report information on a SLAPP filed in California (but not other states). This website will help determine if CASP can help you with advice or assistance on your case. http://www.casp.net/feedback.html