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.

Step 1: Understand What a SLAPP Is

Read: knowledgebase/learning-paths/new-content/slapp-suits-activists-guide.md

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: knowledgebase/learning-paths/new-content/slapp-suits-activists-guide.md (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: knowledgebase/learning-paths/new-content/finding-legal-representation-guide.md (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: knowledgebase/learning-paths/use-case/finding-legal-representation.md

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: knowledgebase/learning-paths/new-content/slapp-suits-activists-guide.md (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)

Related Role-Based Playbooks

• Civil Rights Activist Playbook
• Journalist Playbook
• Citizen Activist Playbook

Related Use-Case Playbooks

• Responding to Federal Harassment
• Finding Legal Representation