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39 UCLA L. Rev. 979 (1991-1992)
Slapp Suits: Weaknesses in First Amendment Law and in the Courts' Responses to Frivolous Litigation

handle is hein.journals/uclalr39 and id is 993 raw text is: SLAPP SUITS: WEAKNESSES IN FIRST
AMENDMENT LAW AND IN THE
COURTS' RESPONSES TO
FRIVOLOUS LITIGATION
Thomas A. Waldman*
Introduction  ..............................................  981
I. The Origins of, Grounds for, and Effects of SLAPP
Suits  ................................................  983
A. An Overview of Strategic Lawsuits Against Public
Participation  ....................................  983
B. The SLAPP Plaintiff's Perspective: Why SLAPPs
A re  Filed  ........................................  985
1. Grounds for a SLAPP Suit ................... 986
C. The Defendant's Perspective ...................... 989
D. The Perspective of Political Activists Who Have Not
Been  Sued  ...............................        991
1.  Financial Resources ..........................  993
2.  Access to  Counsel ...........................  994
3. Ignorance of SLAPPs ........................ 994
II. SLAPP Suits and the First Amendment .............. 997
A. New York Times v. Sullivan: Application of the
First Amendment to Defamation ................. 998
1. The New York Times Decision ............... 998
2. Expansion and Refinement of the Substantive
Application of the New York Times Rule ..... 999
3. The Procedural Dimension of New York
Tim es  .......................................  1000
* Third year student, UCLA School of Law. B.A., Harvard, 1987. Professor
David Binder has provided me with valuable insight and guidance on this piece. I
would like to thank Eve Fielder of UCLA's Institute for Social Science Research for her
suggestions on the survey that appears in this Comment. Bill Wright, Son Young
Kahng, Jack Weiss, Nancy French and my family deserve special mention for their
editing and support.

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