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When can you file an anti-SLAPP lawsuit?

On Behalf of | Jul 19, 2024 | Anti-SLAPP

California’s anti-SLAPP (Strategic Lawsuit Against Public Participation) law can protect individuals and businesses that have publicly criticized someone else and are now facing a lawsuit. Understanding when and how to file an anti-SLAPP lawsuit can help prevent extensive litigation.

Understanding SLAPP Lawsuits

Individuals or entities file SLAPP lawsuits to intimidate, censor, or burden defendants. They can demand the cost of a legal defense until they abandon their criticism or opposition. These lawsuits often target free speech or petitioning acts, such as speaking out at public meetings, writing articles, or posting reviews online.

When can you file an anti-SL lawsuit?

In California, it’s possible to file an anti-SLAPP lawsuit if you believe a lawsuit against you is an attempt to block your First Amendment rights in the following ways.

  • If your business made public statements reviewing another brand that led to a lawsuit, you might file an anti-SLAPP motion. 
  • You are being sued for publishing information in the public interest, such as investigative reports, reviews, or other media content.
  • Lastly, an anti-SLAPP motion can save your case if your business has engaged in lobbying and filing complaints with governmental bodies.

The lawsuit may be closed if the judge agrees it is a SLAPP and the statement is protected under First Amendment rights.

Filing an anti-SLAPP motion 

For California business owners, filing an anti-SLAPP motion can be a powerful tool. It can defend against lawsuits that threaten your free speech and petition rights. 

You can protect your business’s reputation by understanding the appropriate circumstances and legal requirements for filing such a motion. It can also save you from unwarranted legal

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