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
anti-SLAPP
Fifth Circuit Holds That the TCPA Does Not Apply in Federal Courts
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
Using Texas’ Anti-SLAPP Statute to Combat SSAPP (Strategic Sanctions Against Public Participation)
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…
Texas Anti-SLAPP Commercial Speech Exemption does not apply to Blogger’s Statements about Wedding Photographer
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
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…