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5 IPCLJ [1] (2021)

handle is hein.journals/ipclj5 and id is 1 raw text is: 





        Strategic Lawsuits   Against  Public Participation  in the Age  of Online Speech:
              The  Relevance  of Anti-SLAPP and Anti-CyberSLAPP Legislation

        I.     INTRODUCTION

        Strategic Lawsuits Against Public Participation (SLAPPs) are not a new phenomenon in

American  jurisprudence, yet these lawsuits have been the topic of recent commentary. The discussion

surrounding SLAPPs  may  be a result of various states proposing new or amended anti-SLAPP laws-

Virginia and New York, for instance, are a few of the latest legislatures to propose amended anti-SLAPP

legislation.1 Or maybe, the rise of online speech and journalism have created new questions and concerns

relating to SLAPPs. The point is, while strategic lawsuits against public participation are in no way new,

they are as relevant now as ever.

        Most individuals with social media presences have likely either expressed or witnessed the

expression of opinions online. The internet has given rise to whole new platforms on which public

participation can exist. For example, online review forums are becoming increasingly popular with sites

such as Yelp, TripAdvisor, Google Reviews, and Glassdoor providing users with platforms to offer

opinions about tourism spots, restaurants, and workplaces. Even e-commerce sites like Amazon allow

users to leave reviews about the products they buy. When considering these and the countless other

examples of online channels for speech and public participation, the subject of SLAPP litigation appears

especially relevant to matters relating to computer and internet law.

        This article aims to provide an overview of SLAPPs and the recently coined cyberSLAPPs;

some  of the resulting legislation in response to these lawsuits; and a discussion about the relevance of

SLAPPs   in relation to online speech and participation. Further, this article attempts to provoke thought

and continue the discussion about the relevance of anti-SLAPP legislation as electronic forums become

more commonplace   and public participation becomes increasingly accessible online. The article is



1 Brad Kutner, Anti-SLAPP Speech Protections Pushed in Virginia Legislature, Courthouse News Service (Feb. 3,
2020), https://www.courthousenews.com/anti-slapp-speech-protections-pushed-in-virginia-legislature/; New York
Legislature Passes Revised Anti-SLAPP Law to Deter Frivolous Lawsuits and Strengthen Free Speech Protections,
Gibson Dunn (Aug. 5, 2020), https://www.gibsondunn.com/new-york-legislature-passes-revised-anti-slapp-law-to-
deter-frivolous-lawsuits-and-strengthen-free-speech-protections/.

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