D Magazine Ruling Sheds Light On Texas Anti-SLAPP Statute

Law360, New York (April 11, 2017, 11:15 AM EDT) -- In D Magazine v. Rosenthal, the Supreme Court of Texas clarified two areas of defamation law: (1) lawyers (and lower courts) should think twice before citing Wikipedia in their analysis of whether a publication is reasonably capable of a defamatory meaning; and (2) parties that even partially win their "anti-SLAPP" motions to dismiss are entitled to recover their costs, attorneys' fees, and expenses. First Amendment lawyers, and lawyers bringing or defending defamation cases, ought to study the court's decision for guidance on how to hone their arguments for the future.

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