An en banc panel of the US Court of Appeals for the Ninth Circuit further narrowed the protections available in federal court under California’s anti-SLAPP law, which provides an avenue for quickly disposing of meritless lawsuits that seek to chill First Amendment rights.
The ruling in Gopher Media LLC v. Melone extends a trend of Ninth Circuit decisions that have significantly limited the protections provided by California’s anti-SLAPP law and has three major implications for litigants:
- Forum selection matters more than ever, with California state court offering significantly stronger anti-SLAPP protections than federal court.
- The long-term viability of anti-SLAPP motions in federal court remains uncertain.
- Anti-SLAPP motions remain available in Ninth Circuit federal courts, and the potential for substantial attorney’s fee awards still makes them a valuable tool for defendants facing suits targeting their speech.
