LC-32 · State power

Lawsuits meant to silence

The point is the legal bill

In ordinary words

A deep-pocketed plaintiff can sue a critic for defamation knowing the case is weak, because the cost of defending will make the critic quit. Some states dismiss these cases early. Some do not.

Why people call it a crime

People call it legal bullying. Filing a weak lawsuit is usually not itself a crime, and in states without an anti-SLAPP statute it can work.

A scene, not a hypothetical statute

A local blog writes that a developer’s permits look cozy. The developer sues for $5 million. The blog deletes the post because a lawyer would cost more than the site earns. In a weak anti-SLAPP state, that sequence can be lawful.

Where it stops being legal

Knowing falsehoods about a private person, suits barred and fee-shifted by an anti-SLAPP statute, and objectively baseless sham litigation can produce liability for the filer.

Back to the docket