strategic lawsuits against public participation (SLAPP)

Countering strategic lawsuits against public participation (SLAPP) refer to a type of law designed to censor and silence critics. SLAPP lawsuits often involve high-profile, large, wealthy companies or individuals suing a less prominent defendant in an attempt to restrict or limit criticism. As such, SLAPP lawsuits (and anti-SLAPP laws) are particularly relevant for large media organizations and media professional liability.

Many states have enacted anti-SLAPP laws to provide a cost-effective way for defendants to prevail in lawsuits that are perceived to restrict free speech on a public concern. Under most anti-SLAPP laws, an evidentiary burden shifts to the plaintiff (i.e., the plaintiff must show that they have sufficient evidence for a favorable verdict before the lawsuit can proceed). Furthermore, if a defendant successfully counters with an anti-SLAPP dismissal, they can recover reasonable attorney fees from the plaintiff.