The Need for a Unified and Cohesive National Anti-SLAPP Law

Abstract

Some states have good Anti-SLAPP laws. Others, not so much. Even when your state has a good one, you never know if your federal courts will recognize it. What if you come from a state that has a good one, but some scummy SLAPP plaintiff decides to sue you in a state that doesn't have one?

If all state and federal judges had a half a brain and were at least slightly educated on the First Amendment, we probably wouldn't need Anti-SLAPP laws. But, the day that happens, I'll probably step on unicorn crap in my front yard. So, we need Anti-SLAPP laws. And, until we have a truly ethical and intelligent bench and bar, we're going to need one that works across state lines, and without question in Federal Court.

The nice kids at the Oregon Law Review agreed, and they asked me to write an article about it. So I did. It's really short, so you might as well read it.

Keywords: First Amendment, SLAPP