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What is California’s Anti-SLAPP Statute?

It’s a law that protects people from lawsuits designed to punish them for speaking out on matters of public concern. Enacted in 1992, California’s anti‑SLAPP statute (Cal. Civ. Proc. Code §§ 425.16–425.18) (short for “Strategic Lawsuit Against Public Participation”) lets you file a special motion to strike such claims within 60 days of being served. Filing the motion stops discovery unless the court allows limited discovery for good cause.

The court then uses a two‑step test:

  • First, you show the case arises from protected speech or petitioning;

  • Second, the other side must show a probability of winning. If they can’t, the court must dismiss and award you attorney fees.

There are exceptions, like for certain commercial or public-interest issues (§ 425.17), and there’s a special “SLAPP‑back” remedy in § 425.18 that lets you sue the original filer for damages.


Related Practice Areas
First AmendmentPolice Misconduct & BrutalityFirst Amendment RetaliationCalifornia's Bane Act: Protecting Your Civil Rights from Threats and CoercionCalifornia’s Unruh Civil Rights Act: Your Right to Equal Treatment in Public PlacesPolice Brutality in California: What Are Your Rights?Free Speech for California Public Employees: Where the Line Is DrawnSexual Harassment at Work in California: Your RightsCalifornia Fair Employment and Housing Act (FEHA): What It Means for YouCalifornia’s Anti-SLAPP Statute

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