The First Amendment's freedom of speech and right to petition can be rendered meaningless if their exercise subjects the speaker to harassment. Meritless litigation is one technique used by those wishing to silence speakers or petitioners. The time and resources required to mount a successful defense, even to frivolous claims, is enough to force many speakers to think twice before continuing to express themselves.
Recognizing the problem posed by these harassing lawsuits, commonly referred to as Strategic Litigation Against Public Participation ("SLAPP"), at least nine states have enacted anti-SLAPP statutes.1 These statutes can provide valuable protection to those exercising their First Amendment freedoms, such as broadcaster and publishers whose business is speech. While all these anti-SLAPP statutes provide a cause of action for targets of SLAPPs, the ambit of their protection varies as do the types of remedies available. A comparison of the statutes in California, New York, and
