Anti-SLAPP Circuit Split Makes State Protections Uncertain

Law360 (August 27, 2020, 5:27 PM EDT) -- The movement to better protect citizens' First Amendment rights won two big victories this summer, when the Uniform Law Commission and the New York Legislature each approved new anti-SLAPP measures. Anti-SLAPP laws aim to safeguard individuals from the chilling effect of strategic lawsuits against public participation, or SLAPP suits, brought in retaliation for the exercise of protected First Amendment activities. 

The victories at the ULC and in New York came as legislators in eight states introduced anti-SLAPP measures over the past year. Although many of these measures were stalled due to the pandemic, the proposals largely reflected a new consensus over the...

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