What Is an Anti-SLAPP Motion? Protecting Free Speech and Dismissing Meritless Lawsuits in California
Legal disputes can sometimes be more about silencing people than solving real injuries. If you have been sued for something you said, wrote, or published in connection with a public issue, you may be the target of a SLAPP—“Strategic Lawsuit Against Public Participation.” California’s Anti-SLAPP law gives you a way to fight back, dismissing meritless claims at an early stage and protecting your right to speak out.
What Is a “SLAPP” Lawsuit?
A SLAPP lawsuit is not about winning at trial. Instead, it is often intended to intimidate, silence, or burden people exercising their free speech or petition rights on issues of public interest. Plaintiffs sometimes bring defamation, interference, or other tort claims not to correct actual harm, but to force critics into expensive and distracting litigation. SLAPPs are common in disputes involving the media, community activists, online reviewers, competitors, or whistleblowers.
California’s Anti-SLAPP Law: The Basics
California’s Anti-SLAPP statute is found at Code of Civil Procedure section 425.16. It allows a person who is sued for acts “in furtherance of the person’s right of petition or free speech under the United States or California Constitution in connection with a public issue” to file a special motion to strike early in the lawsuit. See Cal. Civ. Proc. Code § 425.16(b)(1).
The law is intentionally broad and covers statements made in public forums, official proceedings, and any conduct to encourage government action on public matters. Its purpose is “to encourage continued participation in matters of public significance, and to prevent chilling the valid exercise of the constitutional rights of freedom of speech and petition.” Cal. Civ. Proc. Code § 425.16(a).
How Does the Anti-SLAPP Motion Work?
The procedure for an Anti-SLAPP motion involves two main steps:
1. The defendant files a special motion to strike.
This motion argues that the plaintiff’s lawsuit arises from protected speech or petitioning activity in connection with a public issue. The motion must be filed promptly—usually within 60 days after service of the complaint, unless the court allows more time. See Cal. Civ. Proc. Code § 425.16(f).
2. The court applies a two-step analysis:
First, the defendant must show that the suit arises from activities covered by the Anti-SLAPP statute—speech, writing, conduct, or participation in governmental proceedings on matters of public interest or concern.
Second, the burden shifts to the plaintiff to show that the claim is legally sufficient and supported by admissible evidence. If the plaintiff cannot demonstrate a “probability of prevailing on the claim,” the court will strike the cause of action.
If the motion is granted, the targeted claims are dismissed, and the prevailing defendant is entitled to recover attorney fees and costs. See Cal. Civ. Proc. Code § 425.16(c).
What Types of Speech and Conduct Are Protected?
The Anti-SLAPP law applies to:
Statements or writings made in connection with issues under review by legislative, executive, or judicial bodies, or any other governmental proceeding
Statements made in public forums during discussions on matters of public interest
Any act in furtherance of the exercise of the constitutional right to petition or free speech regarding a public issue
For example, this includes public testimony, publishing editorials, commenting at a town hall, or organizing campaigns on public controversies. It may also cover online reviews or criticisms, provided the subject matter is of legitimate public interest.
Common Situations Where Anti-SLAPP Protections Arise
Defamation or libel suits brought against journalists, bloggers, or consumer reviewers after the publication of negative but truthful comments
Lawsuits targeting individuals or organizations that speak out during local government meetings or litigation
Claims filed against businesses for reporting alleged violations to regulators or law enforcement
Retaliatory actions against community members organizing boycotts or protests on public issues
Strategic Benefits and Risks
The Anti-SLAPP law helps defendants avoid the time and cost of full trial on claims that attack their free speech rights. Because the law requires plaintiffs to present solid evidence early on, it discourages frivolous suits and provides a mechanism to end litigation quickly.
However, not all cases qualify. If a court finds the conduct is not protected by the Anti-SLAPP statute, the motion is denied, and the case moves forward. Misusing the motion or filing it in bad faith could delay proceedings or increase costs. For this reason, parties should consult legal counsel early in the litigation process.
Limits and Exceptions
There are several exceptions to the Anti-SLAPP statute. For instance, lawsuits involving purely private disputes with no clear “public issue,” criminal conduct outside legitimate petitioning, or claims for commercial speech, may not qualify. The law also contains “carve-outs,” such as for certain public interest claims where government enforcement is involved. See Cal. Civ. Proc. Code § 425.17 (statutory exceptions).
How to Respond to a SLAPP Lawsuit
Act quickly: Anti-SLAPP motions have strict filing deadlines. Delaying could mean losing the right to use this defense.
Gather evidence: Save all communications, publications, or records that show your statements were on matters of public interest or government action.
Work with an attorney (like myself): Because the law is complex and the stakes are high, professional legal guidance is critical for asserting or defending against an Anti-SLAPP motion.
Conclusion
California’s Anti-SLAPP law is a powerful shield for anyone engaging in protected speech, activism, journalism, or public participation. By allowing the early dismissal of meritless claims intended to silence voices on matters of public concern, the statute protects free expression and prevents abuse of the court system. If you face a lawsuit arising from your speech, publication, or advocacy on public issues, act promptly to determine your rights under California’s Anti-SLAPP statute.
Key Statutory Citations
Cal. Civ. Proc. Code § 425.16 (California Anti-SLAPP statute)
Cal. Civ. Proc. Code §§ 425.16(a), (b), (c), (f) (Procedure, protections, and attorney fee provisions)
Cal. Civ. Proc. Code § 425.17 (Exceptions)
