Your neighbor writes a letter to the editor opposing a local hazardous landfill.  Another friend files a complaint.  Another person circulates a petition to stop the dumping.  All find themselves in court.

SLAPPs -- Strategic Lawsuits Against Public Participation -- are civil legal complaints brought by corporations, real estate developers, or other entities who are opposing public interest issues.  They are usually civil complaints or counterclaims against an individual who exercised free speech.  Typically, SLAPPs are based on ordinary state court civil claims such as defamation, conspiracy, and interference with prospective economic advantage. SLAPPs involve issues of state law such as tort claims, so federal legislation cannot solve this legal problem.  If we want to stop SLAPP suits, it is up to the states to act now.
 
 

Anti-SLAPP legislation HB 2460-B was signed into law by Oregon Governor Kitzhaber on June 26, 2001. Prior to this legislation, a significant number of Oregon citizens had been burdened by expensive lawsuits for simply voicing their opinion in public.

While most SLAPPs are legally meritless, they chill public debate.  Defending a SLAPP requires substantial money, time, and legal resources and diverts the defendant's attention away from the public issue. Equally important, however, a SLAPP also sends a message to others:  You, too, can be sued if you speak up. 

This website offers the tools necessary for you to stop SLAPPs in your state, including a sample bill, talking points, a fact pack, research, and other background information. 

SERC would like to give special thanks to George W. Pring and Penelope Canan, authors of SLAPPs: Getting Sued For Speaking Out and founders of the University of Denver Political Litigation Project.  The California Anti-SLAPP Project (http://www.casp.net) also has our appreciation for providing much of the information used in this package.

We have other useful materials not yet posted on the site, so please contact us by email at info@serconline.org or call our office at (608)252-9800 for more information.