Anti-SLAPP Public Participation Free Speech Protection State Acts Law

Adkisson's Anti-SLAPP Anti-Strategic Lawsuit Against Public Participation Also known variously as Public Participation Acts and Free Speech Protection Acts


Anti-SLAPP stands for "Anti-Strategic Lawsuit Against Public Participation". A SLAPP lawsuit is one that isn't really meritorious, but instead has been brought to harass or retaliate against the defendant because the defendant has exercised an important and lawful right under the federal or state Constitution, or some other statute. The Anti-SLAPP laws adopted by many jurisdictions essentially give the defendant an opportunity by way of a special motion to have the plaintiff's lawsuit examined and thrown out at very early stage of the proceeding, so that the defendant doesn't have to waste time and resources litigating against a lawsuit which in the end would be a loser for the plaintiff anyway.

Example. Mary has a bad experience at a restaurant, and posts an honest review of her dining experience. MegaCorporation, which owns the restaurant chain, doesn't like to have bad reviews affecting its profitability, so it sues Mary for defamation to force her to take her review down. As Mary's review would ultimately be protected by the free speech clauses of the U.S. Constitution, Mary could file an Anti-SLAPP motion to have the case quickly dismissed so that MegaCorporation could not grind her down with years of litigation.

Procedurally, an Anti-SLAPP motion is a Motion to Dismiss with special attributes; think of it as a "Motion to Dismiss on Steroids". Generally, once the defendants proves that the lawsuit is mostly about the defendant's protected speech or conduct, the burden then shifts to the plaintiff to prove that the plaintiff has a substantial likelihood of ultimately prevailing in the litigation. This gives the Court the opportunity to examine the merits of the plaintiff's case, based not just on the plaintiff's pleadings but also upon the evidence, and to kick out those cases where the defendant would be likely to win anyway. In essence, Anti-SLAPP laws empower the Court to be a gatekeeper which can refuse to admit certain lawsuits involving protected rights which are significantly devoid of real merit.

Although most Anti-SLAPP acts work very similarly, these acts are currently very state-specific. Ti view the Anti-SLAPP act for a particular U.S. jurisdiction, either scroll down below or click here.




Drafting Committee for Uniform Anti-SLAPP Act (or whatever it ends up being called), began its project in 2017 and hopes to submit final Uniform Act by 2020, and note that any interested person can register as an Observer and attend and participate in meetings. The author of this website, Jay D. Adkisson, is the American Bar Association's Business Law Section Adviser to this Committee, and the originator of this Uniform Law Commission project. Click here for more.




2017.01.13 ... Minnesota Court Of Appeals Boots Clear And Convincing Anti-SLAPP Burden Of Proof

2015.8.29 ... A Call For A Uniform Anti-SLAPP Act




Arizona  ..... A.R.S. § 12-751, et seq.


Alabama ..... No Anti-SLAPP statute when last checked.


Alaska ..... No Anti-SLAPP statute when last checked.


Arkansas  ..... A.C.A. § 16-63-502, et seq.


California  ..... C.C.P. § 425.16, et seq.


Colorado ..... No Anti-SLAPP statute when last checked.


Connecticut ..... No Anti-SLAPP statute when last checked.


Delaware  ..... 10 Del.C. § 8136, et seq.


Florida  ..... F.S. § 768.295


Georgia  ..... Ga.C. § 9-11-11.1.


Hawaii  ..... HRS § 634F-1, et seq.


Idaho ..... No Anti-SLAPP statute when last checked.


Illinois  ..... 735 ILCS 110/1, et seq.


Indiana  ..... I.C. § 34-7-7-1, et seq.


Iowa ..... No Anti-SLAPP statute when last checked.


Kansas  ..... Kan.Stat. § 60-5320


Kentucky ..... No Anti-SLAPP statute when last checked.


Louisiana  ..... C.C.P. Art. 971


Maine  ..... 14 Me.R.S. § 556


Maryland  ..... MD Code, Courts & Jud. Proceedings § 5-807


Massachusetts  ..... M.G.L. 231 § 59H


Michigan ..... No Anti-SLAPP statute when last checked.


Minnesota  ..... Mn.Stat. § 554.01, et seq.


Mississippi ..... No Anti-SLAPP statute when last checked.


Missouri  ..... Mo.Stat. § 537.528


Montana ..... No Anti-SLAPP statute when last checked.


Nebraska  ..... Neb.Rev.Stat. § 25-21, 242, et seq.


Nevada  ..... N.R.S. § 41.635, et seq.



New Hampshire ..... No Anti-SLAPP statute when last checked.


New Jersey ..... No Anti-SLAPP statute when last checked.


New Mexico  ..... N.Mex.Stat. § 38-2-9.1, et seq.


New York  ..... N.Y.Civ.Rights.L. § 70-a.


North Carolina ..... No Anti-SLAPP statute when last checked.


North Dakota ..... No Anti-SLAPP statute when last checked.


Ohio ..... No Anti-SLAPP statute when last checked.


Oklahoma  ..... Okla.Stat. § 12-1430, et seq.


Oregon  ..... O.R.S. § 31.150, et seq.


Pennsylvania  ..... 27 Pa.C.S.A. § 7707.


Rhode Island  ..... R.I.Gen.Laws § 9-33-1, et seq.


South Carolina ..... No Anti-SLAPP statute when last checked.


South Dakota ..... No Anti-SLAPP statute when last checked.


Tennessee  ..... Tenn.Stat. § 4-21-1001, et seq.


Texas  ..... Tex.Civ.Prac. & Rem.Code § 27.001, et seq.


Utah  ..... Utah Code § 78B-6-1401, et seq.


Vermont  ..... 12 V.S. § 1041.


Virginia ..... No Anti-SLAPP statute when last checked.


Washington  ..... Wa.Stat. § 4.24.525.


West Virginia ..... No Anti-SLAPP statute when last checked.


Wisconsin ..... No Anti-SLAPP statute when last checked.


Wyoming ..... No Anti-SLAPP statute when last checked.


District of Columbia  ..... D.C.St. § 16-5501, et seq.


Guam ..... 7 G.C.A. § 17101, et seq.


Puerto Rico ..... No Anti-SLAPP statute when last checked.


U.S. Virgin Islands ..... No Anti-SLAPP statute when last checked.


FEDERAL LEGISLATION: Speak Free Act of 2015 (not enacted, presumed dead).



by Jay D. Adkisson


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© 2020 by Jay D. Adkisson. All Rights Reserved. No claim to original government works. The information contained in this website is for general educational purposes only, does not constitute any legal advice or opinion, and should not be relied upon in relation to particular cases. Use this information at your own peril; it is no substitute for the legal advice or opinion of an attorney licensed to practice law in the appropriate jurisdiction. Questions about this website should be directed to jay [at] or by phone to 702-953-9617 or by fax to 877-698-0678. This website is