Congress may re-introduce federal anti-SLAPP legislation this session. Similar bills in 2009, 2012, and 2015 never made it out of committee. Our Law360 article identifies several areas to improve on a fourth attempt to enact a universal anti-SLAPP law. The article also highlights the constant battle between First Amendment rights and rights to protect one’s name and business. There’s room for a middle ground by drafting a narrow definition of “matter of public concern,” setting reasonable dismissal and disclosure standards, including limited discovery, and restricting removal of cases to only those involving the First Amendment.
