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Constitutional Law,
California Courts of Appeal

Aug. 9, 2024

The Anti-SLAPP statute's catchall provision - real or contrived 'public issues'

Exploring California’s anti-SLAPP statute, specifically focusing on the catchall provision in Section 425.16(e)(4), and recent appellate decisions that shed light on how courts determine whether a defendant’s conduct is protected as free speech in connection with a public issue.

It continues to be the case in California that the strategy both in drafting complaints and in seeking to dismiss them regularly focuses on the vulnerability of some or all of a plaintiff's claims under California's anti-SLAPP statute, Cal. Code of Civ. Proc. Section 425.16. Defendants frequen...

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