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13 N. Ill. L. Rev. Supplement i (2022-2023)

handle is hein.journals/nnislwrsp13 and id is 1 raw text is: NORTHERN ILLINOIS UNIVERSITY LAW REVIEW VOLUME 13 FALL 2022 ISSUE 1 ONLINE JO URNAL CONTENTS ARTICLE The New Rule to Deter SLAPPs Robert A. Kudlicki III ..............................................................................................................1 A Strategic Lawsuit Against Public Participation (SLAPP) serves to intimidate and chill the speech ofdefendants who are engaged in First Amendment protected forms ofspeech and press. A SLAPP is not filed with the intention ofpresenting a legitimate claim against a defendant; rather, it serves only to silence. Defendants face significant litigation costs during a SLAPP; thus, they become fearful of speaking out and criticizing the plaintiff again in the future. While some jurisdictions have protections against SLAPP suits, others have no protection or only limited forms of protection from SLAPP suits. This article proposes creating a new professional conduct rule for adoption by the American Bar Association that specifically prohibits SLAPP suits. By implementing a new rule, attorney discipline and attorney self-regulation can be utilized to deter SLAPP suits.

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