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U.S. Supreme Court,
Civil Litigation

Oct. 14, 2020

Cert denial leaves anti-SLAPP federal circuit split in place

On Tuesday, the U.S. Supreme Court denied certiorari in what could have been a pivotal case about whether anti-SLAPP belongs in federal courts.

William Slomanson

Distinguished Professor Emeritus
Thomas Jefferson School of Law

Email: bills@tjsl.edu

William Slomanson is also the author of California Procedure in a Nutshell (5th ed. 2014).

Special motions to strike are a useful vehicle for weeding out meritless attempts to suppress speech through litigation, aka Strategic Lawsuits Against Public Participation, or SLAPPS. In California, "there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances." Cal. Code Civ. Proc. Section 425.16(a). The Legislature thus prescribed the grant...

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