About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most