The United States and California constitutions grant every person the right to participate in government and civic affairs, speak freely on public issues, and petition government officials for redress of grievances. Yet, individuals and community groups are often sued for exercising these constitutional rights. These suits are known as “SLAPPs,” or “Strategic Lawsuits Against Public Participation.”
Strategic litigation against public participation; special motion to dismiss
A strategic lawsuit against public participation ( SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.
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[1]The typical SLAPP plaintiff does not normally expect to win the lawsuit.
The plaintiff’s goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costsor simple exhaustion and abandons the criticism.
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In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization’s ability to operate. [2] A SLAPP may also intimidate others from participating in the debate.
A SLAPP is often preceded by a legal threat.
The difficulty is that plaintiffs do not present themselves to the Court admitting that their intent is to censor, intimidate or silence their critics.
Hence, the difficulty in drafting SLAPP legislation, and in applying it, is to craft an approach which affords an early termination to invalid abusive suits, without denying a legitimate day in court to valid good faith claims.
http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/slapp.html
About the Massachusetts Anti-SLAPP LawCompiled by
Massachusetts Trial Court Law Libraries
Contents
Massachusetts LawFederal LawSelected Case LawWeb SourcesPrint Sources
Massachusetts Law
MGL c.231 s. 59H Strategic Litigation Against Public Participation
Federal Law
42 USC 14501 et seq. Volunteer Protection Act of 1997
Selected Case Law
Baker v. Parsons , 434 Mass.
