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dalton99a

(95,356 posts)
1. Kick
Mon Dec 23, 2019, 12:52 PM
Dec 2019
California, where Nunes and Depp might have filed their cases, has one of the nation's strongest protections against lawsuits aimed at silencing critics on topics of public concern, known as Strategic Lawsuits Against Public Participation (SLAPP).

California's anti-SLAPP law allows defendants to file a special motion at the outset of litigation if they feel the lawsuit is without merit and aimed at chilling First Amendment rights on a topic of public interest. If a judge sides with the defendant, the plaintiff is required to pay the defendant's legal fees.

Virginia has an anti-SLAPP law, but there is no special motion provision and defendants are not guaranteed legal fees if a case is dismissed. The practical effect, experts say, is that cases can drag on until the sides begin to exchange evidence and a case goes to trial. That can mean months - or even years - of legal wrangling and hefty legal bills.

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