The Power Of Procedure Under Anti-SLAPP Laws

Law360, New York (July 2, 2010, 10:58 AM EDT) -- On Jan. 21, the U.S. Supreme Court notoriously found in Citizens United v. Federal Election Commission[1] that corporations have First Amendment rights in the context of campaign finance. But in some respects that ruling was not newsworthy. The Supreme Court has long applied the First Amendment to protect corporate citizens’ right to petition, known as the Noerr-Pennington doctrine.[2] Citizens United itself relied on the Noerr line of cases in noting that corporations have consistently received First Amendment protection.[3]

Under the Noerr-Pennington doctrine, a corporation’s pleadings in...
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