What is a SLAPP suit? 

SLAPP stands for Strategic Lawsuits Against Public Participation. In layman’s terms, a SLAPP suit is an intimidation tactic - a lawsuit designed to burden an outspoken critic with litigation costs until the critic gives in and remains silent in exchange for peace. Not all defamation lawsuits are SLAPP suits, only those which involve public petition and participation. Accordingly, lawsuits which do not involve matters of public concern and which purely involve matters of private concern are not SLAPP suits.    

What Does Anti-SLAPP Mean for Litigants?

Anti-SLAPP laws create higher burdens for plaintiffs. What that means is that defamation plaintiffs now must show, by clear and convincing evidence, that the defendant made the allegedly defamatory statement with knowledge or reckless disregard of its falsity. Essentially, that the speaker knew or recklessly disregarded that what they were saying was not true. This makes defamation cases much harder for plaintiffs.

As a defendant, if you are dragged into court and the plaintiff has not met this burden or the matter is one of public concern, the new anti-SLAPP laws provide you with grounds for getting the lawsuit against you dismissed. The new laws also provide that the plaintiff who sued you is responsible for paying for the fees you were forced to incur to defend the action.