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ARTICLE · 02 MARCH 2017

Blogger-Journalist Protected From Defamation Suit By Anti-Slapp Statute

Are journalists protected by anti-SLAPP statutes? Until last week, the likely answer would have been: "probably not," at least in Massachusetts.

United StatesLitigation, Mediation & Arbitration

Are journalists protected by anti-SLAPP statutes?  Until last week, the likely answer would have been: "probably not," at least in Massachusetts.  But that was before Cardno Chemrisk, LLC v. Foytlin, a recent opinion by the Massachusetts Supreme Judicial Court (which we Bay Staters refer to as the "SJC"). The case involved a Huffington Post story about a chemical consulting firm involved in the Deepwater Horizon oil spill litigation. The case didn't answer every question a journalist might have about the protection available under the statute, but it was certainly a game changer for anyone who might reasonably be described as an "activist" or "opinion" journalist.  Hey bloggers: you especially ought to quit slouching in your desk chairs and take notice.

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