The U.S. Court of Appeals for the Ninth Circuit historically has allowed litigants to use California’s robust anti-SLAPP statute in federal courts to obtain an early out from lawsuits that improperly infringe on the First Amendment rights of free speech and petition. See CoreCivic v. Candide Group LLC, 46 F.4th 1136 (9th Cir. 2022). Despite the Ninth Circuit confirming this position in 2022, the question of whether California’s anti-SLAPP statute will continue to apply in federal courts remains without a definitive answer.
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Read "What Will It Mean in California if New Federal Anti-SLAPP Legislation Passes?" by Heather J. Silver and Catalina V. Kelly, published by The Recorder. (subscription)