Texas Free Speech Law Doesn't Apply In Fed. Court: 5th Circ.

Law360 (August 26, 2019, 4:04 PM EDT) -- A Texas free speech law that contains a provision to bring an early end to lawsuits aimed at curbing public participation is in conflict with the Federal Rules of Civil Procedure and therefore cannot be used in federal court, the Fifth Circuit ruled Friday.

In a ruling reviving a defamation lawsuit, a three-judge panel weighed in on an issue that's caused a split among the federal circuit courts: whether state anti-SLAAP, or strategic lawsuits against public participation, laws like the Texas Citizens Participation Act can apply in federal court. The First, Second and Ninth circuits have found that similar anti-SLAPP laws...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Subscribers Only

Nature of Suit

Subscribers Only

Judge

Subscribers Only

Date Filed

Subscribers Only

Law Firms

Government Agencies