In enacting this anti-SLAPP provision, the California Legislature declared that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly.
Code of Civil Procedure section 425.16.
Under Code of Civil Procedure section 425.16(c), a court is obligated to award attorneys' fees and costs to a defendant who successfully moves to strike under that section. ("In any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs."). Subdivision (b)(1) of section 425.16 provides:
A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.
This is a positive change in terms of preventing the intimidation of opposing parties expressing free speech and exercising participation as well as discouraging the abuse of the judicial system. Where would be the downside? What would be the drawbacks of this legislation? If any?
ReplyDeleteWhen I read this yesterday I didnt understand what "SLAPP" was. I figured out that it is an acronym for strategic lawsuit against public participation. I leaned a lot more on the background at Wikipedia ( the nightmare sight of all professors).
ReplyDeleteGreat!!- you located an acronym that I was not familiar with! I have read about different interpretations of "SLAPP".
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