Overview

A SLAPP — Strategic Lawsuit Against Public Participation — is a lawsuit filed not to win in court, but to silence, intimidate, and financially drain activists, journalists, community organizers, and anyone who speaks out on matters of public concern. SLAPPs are a primary tool of government agencies, corporations, and powerful individuals who want to suppress criticism.

Audience: Activists, organizers, journalists, community advocates, whistleblowers, and anyone who publicly opposes powerful interests Key Principle: Most SLAPPs are legally weak — the goal is the cost and stress of litigation, not a verdict

Emergency Reference

If you receive a lawsuit filed against you for your public advocacy:

1. Do not ignore it — a default judgment will be entered against you if you do not respond
2. Contact a lawyer immediately — you typically have 20–30 days to respond to a complaint
3. Contact these organizations for potential free legal help:

• ACLU: aclu.org
• Electronic Frontier Foundation: eff.org
• Reporters Committee for Freedom of the Press: rcfp.org
• First Amendment Coalition: firstamendmentcoalition.org
• National Lawyers Guild: nlg.org

1. Document everything about the lawsuit and your original protected activity

Part I: What Is a SLAPP?

Definition

A SLAPP is a civil lawsuit — usually for defamation, libel, tortious interference, or abuse of process — filed against a person or organization for:

• Publishing criticism of a public official, company, or policy
• Circulating a petition
• Testifying at a public hearing
• Reporting misconduct to government agencies
• Organizing community opposition to a project
• Writing letters to editors or elected officials
• Posting on social media about matters of public concern
• Filing FOIA requests or public records requests

The SLAPP Playbook

The typical SLAPP follows a pattern:

1. Target speaks out on a matter of public concern
2. Powerful party files a lawsuit claiming defamation, tortious interference, or similar
3. Legal fees mount for the target even if the claims are frivolous
4. Target is forced to spend time and money on legal defense instead of advocacy
5. Target’s speech is chilled — others who observe the suit self-censor

The goal is not victory — it is the process itself as punishment.

Federal Government SLAPPs

When the federal government itself files actions targeting protected speech:

• Frivolous criminal referrals to suppress whistleblowers
• Grand jury subpoenas targeting journalists or activists (First Amendment subpoena challenges)
• Regulatory actions timed to punish public criticism
• Retaliatory audits or agency actions following protected speech
• Selective enforcement of laws against political opponents

Federal government retaliation for protected speech violates the First Amendment and can give rise to Bivens claims against individual officials and Section 1983 claims against state actors.

Part II: Anti-SLAPP Statutes

Which States Have Anti-SLAPP Laws

As of 2026, 32 states, the District of Columbia, and Guam have enacted anti-SLAPP statutes. They vary significantly in strength:

Strong anti-SLAPP states (broad protections, attorney fee-shifting, early dismissal):

• California (one of the strongest — Code of Civil Procedure § 425.16)
• Texas (Texas Citizens Participation Act)
• Nevada
• Oregon
• Washington DC
• Massachusetts

Moderate protection states:

• Georgia (O.C.G.A. § 9-11-11.1)
• Florida (F.S. § 768.295)
• Illinois
• Arizona
• Colorado
• New York (CPLR § 76-a)
• Virginia

States without anti-SLAPP laws: Alabama, Alaska, Arkansas, Idaho, Iowa, Kansas, Kentucky, Michigan, Mississippi, Montana, North Carolina, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, West Virginia, Wyoming

Note: Federal courts apply state anti-SLAPP laws when exercising diversity jurisdiction in some circuits.

How Anti-SLAPP Statutes Work

Step 1: Early dismissal motion Most anti-SLAPP statutes allow defendants to file an early special motion to strike or dismiss, typically within 60 days of being served. This freezes the lawsuit and puts the burden on the plaintiff to show probability of success.

Step 2: Plaintiff must show merit The plaintiff must demonstrate that their claims have a probability of success on the merits — not just that the lawsuit is technically filed correctly. Weak SLAPPs fail this test.

Step 3: Fee-shifting If the motion to strike is granted, many anti-SLAPP statutes require the plaintiff to pay the defendant’s attorney fees. This is a major deterrent against frivolous suits.

Step 4: Appeal Anti-SLAPP rulings are typically immediately appealable, which can be used by defendants to get a quick appellate ruling.

The Federal SPEAK FREE Act

Congress has periodically considered a federal anti-SLAPP statute (the “SPEAK FREE Act”) but as of 2026 it has not been enacted. Federal First Amendment retaliation claims remain the primary federal remedy.

Part III: Common SLAPP Claim Types and Defenses

Defamation (Most Common)

Claim: “You made false statements of fact that harmed my reputation.”

Defenses:

• Truth: True statements cannot be defamatory
• Opinion: Opinions, even harsh ones, are protected speech. “I think Senator X is corrupt” is opinion.
• Public figure standard (New York Times v. Sullivan): Public officials and public figures must prove actual malice (knowledge of falsity or reckless disregard for the truth) — an almost impossible burden for most SLAPPs
• Fair comment: Criticism of matters of public concern is protected
• Privilege: Statements made in legislative, judicial, or governmental proceedings are absolutely privileged

Tortious Interference with Business Relations

Claim: “Your public opposition hurt my business relationships.”

Defense: First Amendment protection for petitioning the government (Noerr-Pennington doctrine) protects most forms of public advocacy, even advocacy that harms a business.

Abuse of Process / Malicious Prosecution

Less common, but sometimes filed retaliatorily. These require showing the original proceeding lacked probable cause and was filed with improper purpose.

Civil RICO

Occasionally used against organized advocacy campaigns. Courts have generally rejected RICO claims against lawful advocacy.

Part IV: Federal Government Harassment Lawsuits

When the federal government specifically targets you through legal mechanisms:

Types of Federal Targeting

Criminal prosecution of protected speech:

• Charges of seditious conspiracy, obstruction, or similar for protest activities
• Prosecution of journalists or activists for receiving or publishing leaked information

First Amendment retaliation claims: If a government official takes adverse action against you because of your protected speech, you may have a constitutional claim under Hartman v. Moore (2006) and related cases. This includes:

• Retaliatory investigations
• Retaliatory prosecution (prosecutor must show the charge would have been brought regardless of protected speech)
• Retaliatory government contracting decisions

Grand jury abuse:

• Grand jury subpoenas targeting journalists to identify sources
• Grand jury subpoenas targeting activists’ organizational records
• The “reporter’s privilege” (Shield laws in 41 states) protects journalists from compelled source disclosure in many cases

Defending Against Federal Targeting

1. Hire a federal criminal defense attorney immediately — do not use a state-only criminal attorney
2. Do not speak to investigators without counsel — even informal conversations can be used against you
3. Document the retaliatory motive — timeline of your protected activities and the government action
4. Consider a Section 1983 / Bivens civil rights counterclaim — if you can show the prosecution is retaliatory
5. Contact press freedom organizations if you are a journalist (Reporters Committee, Committee to Protect Journalists)
6. Consider public interest litigation — organizations like the ACLU and Institute for Justice have filed affirmative challenges to retaliatory government conduct

Part V: Practical Steps When You Receive a SLAPP

Immediately

1. Do not panic, but do not ignore it
2. Note the deadline — count 20 days from the date you were personally served
3. Preserve everything — do not delete any communications, posts, or documents related to your advocacy or the lawsuit
4. Contact legal help immediately:

• ACLU state affiliate
• National Lawyers Guild
• EFF (if digital speech)
• Reporters Committee (if journalist)
• State bar pro bono referral service

Evaluate Anti-SLAPP Options

1. Identify what state law applies to the lawsuit
2. If your state has a strong anti-SLAPP statute, an early dismissal motion is typically the first line of defense
3. Assess whether the anti-SLAPP statute requires bringing the motion within a specific timeframe (often 60 days)
4. Document how your original speech was a matter of public concern

Cost Management

• Many civil rights and press freedom organizations take SLAPP cases pro bono (free)
• Some attorneys take defamation defense on contingency if a counterclaim is viable
• Crowdfunding legal defense funds is legal and widely used by activist defendants
• If you win an anti-SLAPP motion, many statutes entitle you to recover your attorney fees from the plaintiff

Going Public

• SLAPPs often backfire when publicized — the “Streisand Effect” applies
• Contact your local ACLU, journalists, and advocacy networks
• The Coalition Against SLAPPs in America (CASA) and similar organizations track and publicize SLAPP suits
• Public pressure on the SLAPP filer can result in settlement or withdrawal

Part VI: Counterclaims

When a SLAPP is particularly egregious, you may have counterclaims:

• Malicious prosecution: Filing a lawsuit without probable cause and with malice
• Abuse of process: Using legal process for improper purpose (requires showing improper collateral purpose)
• Section 1983 civil rights claim: If a government actor retaliated against First Amendment-protected activity
• First Amendment retaliation (Bivens): Against individual federal officials who targeted your protected speech

Counterclaims can shift the litigation from defensive to offensive, raise the stakes for the SLAPP filer, and sometimes yield damages.

Key Organizations and Resources

Related Learning Paths

• Role-Based: Civil Rights Activist Playbook | Journalist Playbook | Citizen Activist Playbook | Political Activist Playbook
• Use-Case: Responding to SLAPP Lawsuits | Responding to Federal Harassment | Finding Legal Representation