In most cases, it won’t be actionable to call for the resignation of a public official or to question that person’s ethics or professionalism. The First Amendment is intended to protect robust debate over the performance of government officials, and statements like these are generally considered to be non-actionable expressions…
Articles Posted in Anti-SLAPP
Meaning of the Phrase “That Would be Protected Under the First Amendment” in Virginia’s Anti-SLAPP Statute
Virginia Code § 8.01-223.2, informally known as the anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, provides immunity in tort for statements on matters of public concern (subject to certain exceptions not relevant here). I recently had an issue arise in a case that prompted the question of what “that would…
Courts Won’t Resolve Scientific Controversies
If truth is a complete defense to a defamation action, what about “scientific truth”? Are scientific findings “facts” that can form the basis of a defamation action if a particular scientist contends they are inaccurate? If so, how much of a consensus is required before a matter of scientific inquiry…
The 2023 Amendments to Virginia’s Anti-SLAPP Statute
Section 8.01-223.2 of the Virginia Code, unofficially recognized as Virginia’s anti-SLAPP statute, is designed to deter frivolous “SLAPP” lawsuits brought for the improper purpose of harassing individuals who exercise their protected right to freedom of speech. The statute immunizes against defamation liability most statements made in good faith on matters…
Fees Awarded Under Virginia’s Anti-SLAPP Statute By Federal Court
Virginia’s anti-SLAPP statute has received a lot of flak for supposedly not being strong enough to deter frivolous defamation actions designed to chill the exercise of First Amendment rights. A case decided last week down in Roanoke, however, demonstrates that just because fee awards are discretionary does not mean that…
Differences Between Virginia and D.C. Defamation Law
Defamation law in Virginia and Washington, D.C. is identical in most material respects. Choice-of-law principles usually won’t make much of a difference to the outcome of a defamation case. Both Virginia and D.C. follow the general principles of defamation law that are recognized throughout the United States. There are, however,…
Courts Aren’t So Sure Virginia Has an Anti-SLAPP Statute
When California congressman Devin Nunes, a public figure, decided to file a pair of defamation lawsuits against Twitter (based in California), The McClatchy Company (based in California), and others, why do you suppose he selected Virginia as his forum of choice? One popular theory is that Virginia’s anti-SLAPP laws are…
Does Virginia’s Anti-SLAPP Statute Apply Retroactively?
On July 1, 2017, a new Virginia law commonly referred to as its “anti-SLAPP” statute went into effect. Anti-SLAPP statutes are laws designed to make it easier to obtain quick dismissals of frivolous lawsuits brought to punish someone for expressing a repugnant idea or to discourage others from expressing those…
Does Virginia’s Anti-SLAPP Statute Apply to Consumer Reviews?
“SLAPP” suits are lawsuits brought primarily for the purpose of stifling criticism or intimidating those with opposing views by forcing them to incur legal-defense costs. (SLAPP stands for “Strategic Lawsuit Against Public Participation”). The lawsuits are often disguised as defamation actions but generally have as their true purpose a desire…
D.C. Anti-SLAPP Statute Does Not Apply in Federal Court
On September 27, 2013, the District of Columbia District Court applied D.C.’s anti-SLAPP act, D.C. Code § 16-5501 et seq., to a defamation lawsuit brought by wealthy businessman Yasser Abbas against the Foreign Policy Group and journalist Jonathan Schanzer. For those interested in the facts of the case, my earlier…