The Texas Citizens Participation Act (TCPA) is designed to protect the constitutional right of persons to speak freely, associate freely, and participate in government without the threat of an unmeritorious lawsuit being filed against them as a result. More particularly, it protects the rights of persons to speak out on “matters of public concern.” The
TCPA Anti-SLAPP
Fifth Circuit Holds That the TCPA Does Not Apply in Federal Courts
By Sim Israeloff on
Posted in Civil Procedure, TCPA Anti-SLAPP
Resolving a longstanding uncertainty in federal district courts, the Fifth Circuit has held that the Texas Citizens Participation Act (TCPA) conflicts with federal procedural rules and therefore does not apply in diversity cases.
Continue Reading Fifth Circuit Holds That the TCPA Does Not Apply in Federal Courts
Whose Right is it Anyway? Unconstitutional Speaker Discrimination in Texas’ Anti-SLAPP Scheme
By Daniel Correa on
Freedom of speech and thought lie at the core of liberty. Though many philosophers, statesmen, and legal practitioners have opined on the value of free speech and thought, Justice Louis Brandies best captured the value of free speech and thought in our constitutional scheme:
Those who won our independence believed that the final end of…
Using Texas’ Anti-SLAPP Statute to Combat SSAPP (Strategic Sanctions Against Public Participation)
By Daniel Correa on
Texas, like many other states, enacted legislation to curb meritless lawsuits whose purpose lies solely in chilling a person’s right to free speech and/or to petition his or her government. Under Texas’ Anti-SLAPP (Strategic Litigation Against Public Participation) law, a party may file a motion to dismiss a legal action which is “based on, relates…
The Intersection of the Anonymous Right to Free Speech, the Texas Citizens Participation Act, and Rule 202 Pre-Suit Discovery
By Claire James on
The Austin Court of Appeals recently considered how the Texas Citizens Participation Act (TCPA) applies to a Rule 202 petition for pre-suit discovery in a case involving anonymous online speech. The TCPA requires a court to dismiss a legal action when a movant shows the action relates to the movant’s exercise of free speech rights. …
Texas Anti-SLAPP Commercial Speech Exemption does not apply to Blogger’s Statements about Wedding Photographer
By Claire James on
Posted in TCPA Anti-SLAPP
The Texas Citizens Participation Act (“TCPA”) provides for expedited dismissal and interlocutory appeal from a court’s denial of a motion to dismiss a suit that is based on, relates to, or is in response to a party’s exercise of the right of free speech, right to petition, or right of association. Tex. Civ. Prac. &…
Plaintiffs avoid getting (anti) SLAPPed
By Helen Hutton on
Appellate courts in Texas have seen an influx of defamation, business disparagement, and other similar actions since 2011 when the Texas Citizens Participation Act (“TCPA”), Tex. Civ. Prac. & Rem. Code §§ 27.001-27.011 (2015), was signed into law. The TCPA is an anti-SLAPP statute; SLAPP is an acronym for Strategic Lawsuits Against Public Participation, which…
New year, new and interesting opinions
Posted on
Happy New Year!
The Dallas Court of Appeals issued a number of interesting opinions the last week of December. Three of those cases serve as good reminders to be careful what parties say and don’t say in their pleadings.
Khwaja v. Quik-Way Retail Assocs. II, Ltd., No. 05-14-01090-CV:
In this default judgment…