Have you ever thought about reporting police misconduct, writing a letter to the editor, speaking out at a public hearing or filing a lawsuit to right a wrong, but then decided against taking action out of fear of legal reprisals? If so, you should know about the ANTI-SLAPP defense.
As United State citizens we have an absolute right to participate in our government and to petition it when we are aggrieved. We have a right to turn to the courts when a wrong has occurred and to speak honestly and freely in public forums.
At times these right can be trampled upon by persons or government pursuing legal actions for such things as defamation, abuse of process, nuisance, invasion of privacy and intentional infliction of emotional distress. Defending against these actions can be costly and frustrating. Often this is what proponents of SLAPP actions are counting on. The more painful they make it, the less likely the participating behavior will continue and the more likely it will dissuade others from behaving similarly.
What do you do when faced with a possible Anti-Slapp action? Fight back. To protect our rights from these improper claims, several state have enacted so called ANTI-SLAPP STATUTES. In Massachusetts our ANTI-SLAPP STATUTE is G.L. c. 231 §59H. This statute is a powerful tool that is often unused and overlooked. Under this statute the court is mandated to dismiss any claim or counterclaim that targets petitioning activity and the court is required to award attorney fees. If a targeted behavior is a petitioning activity then it is protected behavior and the shield of ANTI-SLAPP should be used to combat the illegal action against it.
Several types of behavior have been deemed to be petitioning activity by statute. Among which are:
In plain English this means we have the right to challenge our government; to participate in our democracy and to gather support to change existing laws. We have the right to file lawful lawsuits without fear of reprisal; to truthfully speak against wrongs and the abuse of power.
Although this analysis is not exhaustive it is intended to provide guideposts for the ANTI-SLAPP defense. If you believe that you have been targeted because of petitioning activity you should consider fighting back. The Anti-SLAPP statute was enacted to provide broad protection for this type of behavior. This protection has been specifically designed to protect our rights as United States Citizens. These rights are only as good as the value and energy we place into them. If you believe your rights are being trampled, ANTI-SLAPP may be your best defense.
As United State citizens we have an absolute right to participate in our government and to petition it when we are aggrieved. We have a right to turn to the courts when a wrong has occurred and to speak honestly and freely in public forums.
At times these right can be trampled upon by persons or government pursuing legal actions for such things as defamation, abuse of process, nuisance, invasion of privacy and intentional infliction of emotional distress. Defending against these actions can be costly and frustrating. Often this is what proponents of SLAPP actions are counting on. The more painful they make it, the less likely the participating behavior will continue and the more likely it will dissuade others from behaving similarly.
What do you do when faced with a possible Anti-Slapp action? Fight back. To protect our rights from these improper claims, several state have enacted so called ANTI-SLAPP STATUTES. In Massachusetts our ANTI-SLAPP STATUTE is G.L. c. 231 §59H. This statute is a powerful tool that is often unused and overlooked. Under this statute the court is mandated to dismiss any claim or counterclaim that targets petitioning activity and the court is required to award attorney fees. If a targeted behavior is a petitioning activity then it is protected behavior and the shield of ANTI-SLAPP should be used to combat the illegal action against it.
Several types of behavior have been deemed to be petitioning activity by statute. Among which are:
- Any written or oral statements made before or submitted to a legislative, executive or judicial or any other governmental proceeding.
- Any written or oral statement made in connection with issue under review by a legislative, executive, or judicial body or any other governmental proceeding.
- Any statement reasonably likely to encourage consideration or review of an issue by a legislative, executive, or judicial body or any other governmental proceeding.
- Any statement reasonable likely to enlist public participation in an effort to effect such consideration.
- Any other statement falling within constitutional protection of the right to petition government.
In plain English this means we have the right to challenge our government; to participate in our democracy and to gather support to change existing laws. We have the right to file lawful lawsuits without fear of reprisal; to truthfully speak against wrongs and the abuse of power.
Although this analysis is not exhaustive it is intended to provide guideposts for the ANTI-SLAPP defense. If you believe that you have been targeted because of petitioning activity you should consider fighting back. The Anti-SLAPP statute was enacted to provide broad protection for this type of behavior. This protection has been specifically designed to protect our rights as United States Citizens. These rights are only as good as the value and energy we place into them. If you believe your rights are being trampled, ANTI-SLAPP may be your best defense.
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