People generally agree that it is unfair for wealthy people and companies to file frivolous lawsuits against those who speak out against them, solely for the purposes of silencing or punishing them and to deter others from speaking out as well.
For this reason, most states in the U.S. have what are called “anti-SLAPP” laws, which stands for Strategic Litigation Against Public Participation. These laws prevent baseless lawsuits intended to silence dissent by making it relatively quick and easy to get the frivolous claims dismissed. While Massachusetts' anti-SLAPP law offers relatively narrow protections when compared to other states, it can still be an important tool for litigants in these situations.
The internet defamation lawyers at the Katz Law Group can help people and companies invoke the state's anti-SLAPP statute and protect their rights.
Massachusetts' Anti-SLAPP Statute
Massachusetts' anti-SLAPP Statute, MGL c. 231, § 59H, gives defendants 60 days to file a special motion to dismiss a lawsuit or claim that has been filed against them based on their right to petition the state or federal government. Filing the special motion also halts the lawsuit or claim being challenged.
This makes Massachusetts' anti-SLAPP law less vigorous than similar laws in many other states. Many other states protect other forms of expression, in addition to the exercise of the right to petition the government. In Massachusetts, the anti-SLAPP law only protects things like:
- Statements made in a government proceeding
- Reporting a crime to the police
- Applying for a restraining order
- Lobbying or encouraging the state or federal government to take action
- Urging the public to lobby or encourage the government to take action
- Filing a lawsuit or a particular claim in a lawsuit
Successful anti-SLAPP special motions can recover reasonable attorneys’ fees in addition to dismissing the frivolous claim.
Process and Requirements of Filing a Special Motion
According to internet defamation attorney David S. Katz, "The specifics of filing a special motion have been the subject of several recent court cases in Massachusetts, which have drastically altered the law. Unfortunately, there is a lot of outdated information that is still on the internet – anything from before 2024's ruling in Bristol Asphalt v. Rochester Bituminous Products is obsolete and inaccurate."
First, the party filing the special motion – claiming that the plaintiff's lawsuit or the defendant's counterclaim is in retaliation for exercising their own protected right to petition the government – has to show that the lawsuit or claim at issue is based solely on the exercise of their own protected rights.
If successful, the burden shifts to the other party to prove, by a preponderance of the evidence, two things:
- The exercise of the right to petition was baseless, and
- It harmed the party facing the anti-SLAPP petition.
If it can prove both of these things, the anti-SLAPP special petition will be dismissed and the lawsuit can continue.
Anti-SLAPP Lawyers at the Katz Law Group
While the process may appear simple, Massachusetts courts have called anti-SLAPP petitions “notoriously difficult.” Call the defamation lawyers at the Katz Law Group for help at (508) 480-8202 or contact them online.
