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Definition[]

SLAPP is an acronym for "strategic lawsuit against public participation."[1]

A SLAPP suit is a meritless lawsuit brought primarily to chill or punish a defendant's exercise of the constitutional right of petition or free speech. A SLAPP plaintiff is not concerned with prevailing in the lawsuit, but rather seeks to "'deplete "the defendant's energy" and drain "his or her resources"'" by forcing a litigant to defend an unmeritorious lawsuit.[2]

Overview[]

Generally, those who file SLAPP suits care little about winning. Instead, they file the litigation to deter activists by subjecting them to financial and emotional harassment, thereby hoping to silence them. Additionally, the SLAPP lawsuit is intended to send a message to others that they too mAY be sued if they speak out, thereby stifling dissent.

To preserve First Amendment rights of citizens to engage in public debate, many states have enacted anti-SLAPP statutes.

References[]

  1. Barrett v. Rosenthal, 40 Cal.4th 33, 40, 146 P.3d 510, 51 Cal.Rptr.3d 55, 59 (2006).
  2. Amato v. Bermudez, 2018 WL 3689494 (Cal.App. 2018).
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