Tag Archives: TCPA

How “Related” Must a Communication be to be Subject to the Texas Citizens Participation Act?

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 … Continue Reading

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. The TCPA is an anti-SLAPP statute (Strategic Litigation Against Public Participation).  It is intended to provide a speedy process to resolve litigation … Continue Reading

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 … Continue Reading