Some Promising Anti-SLAPP Legislation

Ohio Sen. Matt Huffman (R) has introduced anti-SLAPP legislation, titled theOhio Citizen Participation Act, which includes novel protections of anonymous internet speech. If approved by the legislature, it will stand as a new gold standard for anti-SLAPP laws.SLAPP suits, or Strategic Lawsuits Against Public Participation, refer to a category of vexatious libel or defamation lawsuits intended to chill unwanted speech by subjecting speakers to arduous and costly legal battles. In most cases, plaintiffs have little chance of succeeding on the merits of their claims, and instead hope to force a settlement or deter future criticism by using the legal process as a punishment in and of itself. In response to the censorious threat posed by these suits, twenty eight states, the District of Columbia, and Guam, have passed anti-SLAPP legislation.Anti-SLAPP laws provide defendants with anexpedited dismissal process, allowing them to forestall the often expensive and lengthy discovery process, and introduce extrinsic evidence demonstrating that the speech in question falls under the aegis of the anti-SLAPP statute. While not all statements protected by the First Amendment are shielded by anti-SLAPP laws, most are, and the protections guaranteed by the Citizen Participation Act are particularly expansive. After the introduction of the defendant ’s evidence, the burden shifts to the accuser, who must provide admissible evidence that the defendants speech is unprotected, and his suit is l...

Source: Cato-at-liberty - October 10, 2017 Category: American Health Authors: John Samples Source Type: blogs