Use-Case Playbook: Responding to SLAPP Lawsuits
Overview
You have been sued for defamation, tortious interference, or a similar claim because of something you wrote, said, organized, or advocated publicly. This playbook walks you through the immediate steps, legal options, and resources available to you.
Emergency Reference
Do not ignore a lawsuit. A default judgment will be entered against you if you do not respond within the deadline.
Typical response deadline: 20–30 days from the date you were personally served with the complaint.
Contact these organizations immediately:
- ACLU state affiliate: aclu.org/find-your-affiliate
- Electronic Frontier Foundation: eff.org (especially for online speech)
- Reporters Committee: rcfp.org (if you are a journalist)
- National Lawyers Guild: nlg.org
Step 1: Understand What a SLAPP Is
Read: SLAPP Suits and Frivolous Lawsuits: An Activist’s Guide
The complete guide: what defines a SLAPP, the SLAPP playbook (the goal is the litigation cost, not a verdict), common claim types (defamation, tortious interference), federal government SLAPPs, and anti-SLAPP statutes in 32 states.
Step 2: Identify Your State’s Anti-SLAPP Law
Check whether your state has an anti-SLAPP statute — the single most important factor in your legal strategy.
States with the strongest protections: California, Texas, Nevada, Oregon, DC, Massachusetts, New York, Virginia.
If your state has an anti-SLAPP statute:
- An early motion to strike or dismiss may be available within 60 days of service
- If granted, the plaintiff typically pays your attorney fees (fee-shifting)
- This can resolve the case quickly and punish the SLAPP filer
Read: SLAPP Suits and Frivolous Lawsuits: An Activist’s Guide (Part II: Anti-SLAPP Statutes)
Step 3: Preserve All Evidence
Do not delete anything related to:
- Your original protected speech (posts, articles, petitions, testimony)
- Your communications about the activity that led to the lawsuit
- Any prior threats or communications from the plaintiff
- Documentation of your research and fact-checking for any factual claims
Evidence of the retaliatory motive — that the lawsuit was filed to silence you rather than to vindicate a legitimate legal right — is crucial for anti-SLAPP motions and counterclaims.
Step 4: Find Legal Representation
Read: Finding Legal Representation: A Guide for Activists, Organizers, and Citizens (Section 2: SLAPP Suit / First Amendment Retaliation)
Key organizations for free or low-cost SLAPP defense:
- ACLU: Takes cases with First Amendment implications
- EFF: Specializes in online speech SLAPPs
- Reporters Committee: Journalist defendants
- First Amendment Coalition: Primarily California but has national resources
- State-specific civil liberties organizations
Read: Use-Case Playbook: Finding Legal Representation
Step 5: Go Public (Strategically)
SLAPPs often backfire when publicized — funders and allies of the SLAPP filer may pressure them to withdraw. Consider:
- Contacting journalists covering civil liberties or your issue area
- Alerting your advocacy network
- Publishing a statement about the lawsuit and your protected speech
- Contacting the ACLU and other organizations that track SLAPP suits
Consult your attorney before making public statements to ensure nothing contradicts your legal defense.
Step 6: Evaluate Counterclaims
Read: SLAPP Suits and Frivolous Lawsuits: An Activist’s Guide (Part VI: Counterclaims)
If the SLAPP is egregious, counterclaims may be available:
- Malicious prosecution (after the case is resolved in your favor)
- Abuse of process
- Section 1983 First Amendment retaliation (if a government actor filed or directed the suit)