Gas Co.'s 'Misinformation Campaign' Not Protected Speech

Law360 (July 10, 2019, 6:00 PM EDT) -- A company that provides compressed natural gas for mass transit systems can't use a Texas free speech law to end a competitor's suit alleging it went after clients with a misinformation email campaign because the law exempts "commercial speech," an appellate panel has held.

In an opinion issued Tuesday, the Fifth Court of Appeals in Dallas sided with Trillium Transportation Fuels LLC and upheld a trial court's September ruling denying Clean Energy's bid to have the lawsuit dismissed under the Texas Citizens Participation Act. The TCPA is an anti-SLAPP law intended to curb what are known as "strategic lawsuits against public participation"...

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