SLAPP 2.0: Second Generation of Issues Related to Strategic Lawsuits Against Public Participation
February 2015
Citation:
45
ELR 10136
Issue
2
This Article updates a July 2001 ELR News & Analysis article on Strategic Lawsuits Against Public Participation (SLAPPs) and common-law and statutory defenses against them. Since that survey, a dozen additional jurisdictions have enacted statutes providing some degree of protection for SLAPP defendants, and courts have continued to apply these statutes as well as common-law and constitutional (Petition Clause) defenses. In general, while “second-generation” issues have added some wrinkles to SLAPP practice, the results remain the same: almost all SLAPPs are ultimately dismissed.
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