A STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION, OR SLAPP SUIT, is typically utilized to tie up defendants in expensive litigation and restrict their actions. By burying defendants – whether individuals or public and private sector entities – in costly and time-consuming litigation, these bad actors hope to prevent their opponents from engaging in constitutionally protected actions. By adding anti-SLAPP measures to statutes or strengthening existing laws, states can ensure a straightforward process for challenging a SLAPP claim and quickly dismissing meritless suits. One resource for revisiting this legal area is the Uniform Law Commission (ULC).
When the ULC began its work on this issue in 2018, more than 30 states had laws protecting defendants
from abusive SLAPP suits. Currently, 10 CSG South states have anti-SLAPP laws, while five do not. Kentucky recently enacted legislation to strengthen or implement “anti-SLAPP” laws following the Uniform Law Commission’s guidance – albeit with a few differences. Given the broad spectrum of anti-SLAPP protections across the region, this CSG South Policy Analysis overviews anti-SLAPP laws in the CSG South region and highlights the differences in these laws –both among ULC adopters and non-ULC states.