The Texas Citizens Participation Act, the “Texas Anti-Slapp” statute. 

Many states have statutes designed to stop Strategic Lawsuits Against Public Participation, typically  known as “Anti-Slapp” statutes. The purpose of an Anti-Slapp statute is to provide a mechanism for a defendant/counter-defendant to quickly dispose of lawsuits that infringe on certain rights (such as the right to free speech), as defined by the particular statute. Most statutes provide for recovery of attorneys’ fees if the defendant/counter-defendant is successful.

The Texas Anti-Slapp is the most aggressive and broadest Anti-Slapp statute in the country and protects the right of free speech, right of association, and right to petition (as defined by the Texas legislature). 

If a legal claim/counterclaim is dismissed under the Texas Anti-Slapp, the Court must award attorneys’ fees and a sanction (think more attorneys’ fees) against the plaintiff/counter-plaintiff to deter them from bringing improper lawsuits in the future.

In the battle to protect free speech, the Texas Anti-Slapp took away David and Goliath’s sword and sling and gave them both rocket launchers.


The TCPA Statute


copyright 2019 Sean Lemoine all rights reserved