New York’s Anti-SLAPP Statute: A Comprehensive Overview
Introduction
Strategic lawsuits against public participation (SLAPPs) are legal actions intended to silence or intimidate individuals or organizations engaged in First Amendment-protected activities. In response to the growing prevalence of SLAPPs, New York enacted an anti-SLAPP statute in 1992. However, the scope of this law was narrow, applying only to cases involving government permitting and licensing.
Expansion of New York’s Anti-SLAPP Law
In November 2020, New York significantly expanded its anti-SLAPP law (N.Y. Civ. Rights § 70-a and 76-a). The amended law provides broader protection for defendants in legal actions involving public petition and participation.
Scope of the Law
The expanded anti-SLAPP law applies to any action based on:
Key Facts
- Expansion of the anti-SLAPP law: In November 2020, New York significantly expanded its anti-SLAPP law, which was first adopted in 1992.
- Protection for defendants: The law aims to protect defendants in legal actions involving public petition and participation.
- Scope of the law: The law applies to any action based on a communication in a public forum in connection with an issue of public interest or any other lawful conduct in furtherance of the exercise of the constitutional right of free speech in connection with an issue of public interest.
- Broad definition of public interest: The law confirms that “public interest” should be construed broadly, including anything other than a purely private matter.
- Consideration of anti-SLAPP motions: Courts are required to consider anti-SLAPP motions to dismiss based on the pleadings and supporting and opposing affidavits stating the facts upon which the action or defense is based.
- Stay of proceedings: The law provides for a stay of all proceedings, including discovery, hearings, and motions, pending determination of a motion to dismiss an action under the anti-SLAPP law.
- Mandatory attorneys’ fees: When a court grants an anti-SLAPP motion, it must award attorneys’ fees to the prevailing party.
- A communication in a public forum in connection with an issue of public interest
- Any other lawful conduct in furtherance of the exercise of the constitutional right of free speech in connection with an issue of public interest
Key Provisions
The amended anti-SLAPP law includes several key provisions:
- Broad definition of public interest: The law defines “public interest” broadly, encompassing any subject matter other than purely private matters.
- Consideration of anti-SLAPP motions: Courts must consider anti-SLAPP motions to dismiss based on the pleadings and supporting and opposing affidavits.
- Stay of proceedings: All proceedings are stayed pending determination of an anti-SLAPP motion to dismiss.
- Mandatory attorneys’ fees: Prevailing parties in anti-SLAPP motions are entitled to attorneys’ fees.
Retroactivity and Pending Cases
The retroactivity of the amended anti-SLAPP law has been the subject of debate. Some courts have held that the law applies retroactively to cases pending at the time of its enactment, while others have held that it does not. The issue is currently pending before the New York Court of Appeals, the state’s highest court.
Conclusion
New York’s expanded anti-SLAPP law provides robust protection for individuals and organizations engaged in public petition and participation. The law’s broad scope, mandatory attorneys’ fees provision, and stay of proceedings make it a valuable tool for combating SLAPPs.
References
- Reporters Committee for Freedom of the Press: https://www.rcfp.org/anti-slapp-guide/new-york/
- Gibson Dunn: https://www.gibsondunn.com/recent-developments-in-new-yorks-amended-anti-slapp-law/
- New York Civil Liberties Union: https://www.nyclu.org/en/legislation/legislative-memo-strengthening-new-yorks-anti-slapp-statute
FAQs
What is a SLAPP lawsuit?
A SLAPP lawsuit is a strategic lawsuit against public participation. It is a legal action intended to silence or intimidate individuals or organizations engaged in First Amendment-protected activities, such as speaking out on issues of public concern or petitioning the government.
Does New York have an anti-SLAPP statute?
Yes, New York has an anti-SLAPP statute. It was enacted in 1992 and significantly expanded in 2020.
What does New York’s anti-SLAPP statute do?
New York’s anti-SLAPP statute provides protection for defendants in legal actions involving public petition and participation. It allows courts to dismiss SLAPP lawsuits at an early stage, before they can cause undue burden or expense to the defendants.
What are the key provisions of New York’s anti-SLAPP statute?
The key provisions of New York’s anti-SLAPP statute include:
- A broad definition of “public interest”
- A requirement that courts consider anti-SLAPP motions to dismiss based on the pleadings and supporting and opposing affidavits
- A stay of proceedings pending determination of an anti-SLAPP motion to dismiss
- A mandatory attorneys’ fees provision for prevailing parties
Does New York’s anti-SLAPP statute apply retroactively?
The retroactivity of New York’s anti-SLAPP statute is currently pending before the New York Court of Appeals, the state’s highest court. Some courts have held that the law applies retroactively to cases pending at the time of its enactment, while others have held that it does not.
Who can file an anti-SLAPP motion to dismiss?
Any defendant in a legal action involving public petition and participation can file an anti-SLAPP motion to dismiss.
What are the benefits of filing an anti-SLAPP motion to dismiss?
Filing an anti-SLAPP motion to dismiss can provide several benefits, including:
- Early dismissal of SLAPP lawsuits
- Avoidance of costly and time-consuming litigation
- Recovery of attorneys’ fees if the motion is successful