About: Anti-SLAPP statute   Sponge Permalink

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In 1992, in response to the "disturbing increase" in meritless lawsuits brought "to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances," the California legislature enacted Code of Civil Procedure §425.16, the California anti-SLAPP statute. It applies to any cause of action arising from an "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue." The statute was designed to permit the prompt dismissal of a SLAPP lawsuit prior to discovery unless the plaintiff can meet the stringent criteria set forth in the statute.

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  • Anti-SLAPP statute
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  • In 1992, in response to the "disturbing increase" in meritless lawsuits brought "to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances," the California legislature enacted Code of Civil Procedure §425.16, the California anti-SLAPP statute. It applies to any cause of action arising from an "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue." The statute was designed to permit the prompt dismissal of a SLAPP lawsuit prior to discovery unless the plaintiff can meet the stringent criteria set forth in the statute.
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abstract
  • In 1992, in response to the "disturbing increase" in meritless lawsuits brought "to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances," the California legislature enacted Code of Civil Procedure §425.16, the California anti-SLAPP statute. It applies to any cause of action arising from an "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue." The statute was designed to permit the prompt dismissal of a SLAPP lawsuit prior to discovery unless the plaintiff can meet the stringent criteria set forth in the statute. In 1997, the Legislature unanimously amended the statute to expressly state that it "shall be construed broadly." Section 425.16(a) provides: In 1999, the California Supreme Court directing that courts, "whenever possible, should interpret the First Amendment and section 425.16 in a manner 'favorable to the exercise of freedom of speech, not to its curtailment.'"
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