Anti-SLAPP Statute Changes: Slap Back With An Interlocutory Appeal When You Get Slapped Down

Back in June 2011, Governor Perry signed into law the Texas Citizen Participation Act (codified as Chapter 27 of the Texas Civil Practice and Remedies Code). The act, also as known as the Anti-SLAPP (Strategic Lawsuits Against Public Participation) statute, gives significant protections to citizens who speak out on "matters of public concern," as specifically defined by the statute. This protection applies broadly to individuals as well as companies and other groups or associations.

The Anti-SLAPP act does this by setting out a clear procedure for the dismissal of suits shown to suppress free speech. If the party bringing the motion (usually the defendant) can show by a preponderance of the evidence that the lawsuit relates to the right to free speech, petition, or associate, the burden then shifts to the nonmovant (usually the plaintiff) to show by clear and convincing evidence a prima facie case for each element of its claim. If the plaintiff can't meet this higher