Strategic lawsuits against public participation, called SLAPP suits, have been characterized as suits having little legal merit but filed “to burden opponents with legal defense costs and the threat of liability and to discourage those who might wish to speak out in the future.” 600W. 115th St. v. Van Gutfeld, 80 N.Y.2d 130, 137 n.1 (1992).
New York’s Anti-SLAPP law, found in Section 76-a of the New York Civil Rights Law applies to actions “involving public petition and participation” that involve “communication in a place open to the public or a public forum in connection with an issue of public interest” or “other lawful conduct in furtherance of the exercise of the constitutional right of fire speech in connection with an issue of public interest.” In practice, the Anti-SLAPP law protects against suits that are designed to silence journalists, activists and the like who have criticized the plaintiff on an issue of public interest, who then retaliates by bringing suit on questionable grounds.
