Fame and the First Amendment: New York's Amended Anti-SLAPP Statute in the Context of Celebrity Lawsuits

On November 10, 2020, New York amended and expanded the protections of its anti-SLAPP law, which provides tools for defendants to challenge so-called "SLAPP" lawsuits ("strategic lawsuits against public participation") - - i.e., lawsuits that attempt to punish and potentially chill the exercise of First Amendment rights of petition and free speech. The new law amended and extended New York's existing statutes (sections 70-a and 76-a of the New York Civil Rights Law) in several important manners, including by:

• Expanding the statutes to apply to any action based on a "communication in a . . . public forum in connection with an issue of public interest" or "any other lawful conduct in furtherance of the exercise of the constitutional right of free speech in connection with an issue of public interest, or in furtherance of the exercise of the constitutional right of petition"

• Confirming that "public interest" should be construed broadly and includes any subject other than a "purely private matter" 

• Requiring courts to consider anti-SLAPP motions to dismiss based upon the pleadings and "supporting and opposing affidavits stating the facts upon which the action or defense is based" 

• Providing for a stay of all discovery and other proceedings - - with narrow exceptions - - pending the determination of a motion to dismiss brought under the anti-SLAPP law

• Providing for mandatory awards of attorneys' fees when a Court grants an anti-SLAPP motion

This program, presented by Matthew Giger, will discuss the amendments to the New York anti-SLAPP statute and will specifically address issues that have arisen in the context of lawsuits regarding celebrity litigants. Topics covered will include:

• Background on the New York anti-SLAPP statute and similar statutes

• The new requirements of the amended New York Anti-SLAPP statute

• Issues concerning retroactive application of the New York Anti-SLAPP statute to pending cases

• What constitutes a "substantial basis in law" necessary to avoid dismissal of SLAPP lawsuits?

• What types of speech satisfy the "public interest" requirement in the context of lawsuits involving famous or celebrity litigants?

Learning Objectives:

1. Review the new requirements of New York's amended anti-SLAPP statute

2. Identify issues concerning the applicability of the anti-SLAPP statute in various contexts

3. Discuss the application of the statute - - including the "public interest" requirement - - in the context of lawsuits involving celebrity or famous litigants