Anti-SLAPP Laws: A State-by-State Comparison

Speaking out in public is a way for citizens to express discontent with injustice and comment on government actions. Examples are speaking up at a public hearing, writing a news article, or posting on social media.

The First Amendment protects us from government punishment for expressing our thoughts and opinions. However, people who disagree with a person’s speech may try to silence them by suing them, usually for defamation. In response, many states have passed “anti-SLAPP” laws to help protect the constitutional right of free speech from retaliation.

What Are Anti-SLAPP Laws?

SLAPP stands for “Strategic Lawsuit Against Public Participation,” meaning it is a lawsuit aimed at silencing someone who speaks out on matters of public concern. Anti-SLAPP laws enable defendants to get frivolous defamation lawsuits that threaten their freedom of speech dismissed more quickly. The party that filed the lawsuit must show that the claim is not a frivolous lawsuit; otherwise, they may have to pay the other party’s legal fees.

Anti-SLAPP laws typically address matters of “public concern,” not private disputes. For example, government activity, political activity, school board meetings or public hearings, or issues relating to consumer information, health, safety, or community are matters of public concern.

For example, a court would consider reporting a hospital’s history of unsafe practices a matter of public concern, but a patient’s billing dispute with a doctor a private issue. Employment issues, such as complaints about a supervisor, tend to be private disputes.

The purpose of anti-SLAPP laws is to encourage public debate and prevent the chilling of speech out of fear of punishment. Therefore, private matters do not qualify under anti-SLAPP protection.

To get a clear picture of how anti-SLAPP laws operate, it’s important to understand the basis for a defamation lawsuit.

Understanding Defamation Lawsuits

Defamation is the intentional publishing or communication of a false statement of fact that harms someone’s reputation. There are two main types:

• Libel is a type of defamation where the statement is written.
• Slander is defamation that is spoken.

To make a successful claim of defamation, the litigant must prove:

• The defendant made a false statement presented as fact (not their opinion)
• The defendant published or communicated the statement to a third party
• The statement harmed the reputation of the litigant

If the plaintiff is not a public figure, they only need to show that the defendant was negligent in publishing the statement. However, with celebrities or public figures, the plaintiff must show that there was actual malice (knowingly or having reckless disregard for the truth) in publishing or communicating the statement, which is a higher bar.

The two most common defenses to a defamation claim are:

• The statement is true
• The statement is an opinion, not a fact

A privileged statement, such as those made by spouses or legislators on the floor of a legislature, is also not eligible for a defamation claim (no matter how heated it is).

How SLAPP Lawsuits Exploit Defamation Law

Defamation law aims to protect a person’s reputation. However, in certain contexts, this law can be weaponized to silence free speech.

SLAPP lawsuits are typically filed by high-profile individuals or companies seeking to silence critics who cannot afford to defend themselves in court. Even if a claim lacks merit, the threat of an expensive lawsuit is enough to keep people silent.

Often, the plaintiffs in SLAPP lawsuits don’t intend to win. Instead, they seek to threaten, punish, and deter those who speak out against them.

What Is an Example of a SLAPP Lawsuit?

In 2024, the Center for Countering Digital Hate (CCDH) criticized Elon Musk’s X Corp.’s handling of hate speech and misinformation. X responded by suing CCDH for improperly scraping data and publishing negative reports about X Corp.’s content, costing X Corp. tens of millions in lost ad revenue.

The U.S. District Court for Northern California held that CCDH’s activity is an exercise of free speech on issues of public concern and is covered by California’s anti-SLAPP statute. The judge noted that although X accused CCDH of defamation, X did not bring a defamation claim requiring it to prove the reporting was false. Instead, X brought claims of breach of contract and CCDH’s interference with X’s advertisers. X’s defamation claims only arose when describing their injury of losing revenue from advertisers.

The judge dismissed X’s claim, finding that it was brought only to punish the speaker and not to address actual contract or data-access issues. CCDH could then file for recovery of its attorney’s fees.

What States Have Anti-SLAPP Laws?

Many states have adopted the Uniform Public Expression Protection Act (UPEPA). These states (shown in dark blue on the map below) provide the strongest protection.

Some states have enacted their own anti-SLAPP law that provides more limited protections. These three states are shown in a medium blue on the map. Other states do not have anti-SLAPP laws at all, and instead rely on state and federal constitutional protections for free speech. These are shown in light blue on the map.

What States Do Not Have Anti-SLAPP Laws?

Twelve states do not have anti-SLAPP laws. Those states are:

• Alabama
• Alaska
• Michigan
• Mississippi
• New Hampshire
• North Carolina
• North Dakota
• South Carolina
• South Dakota
• West Virginia
• Wisconsin
• Wyoming

Even in states or jurisdictions that have them, anti-SLAPP laws vary significantly in scope and effectiveness. Courts interpret these laws differently, and some state laws have been found unconstitutional or limited by court decisions. Iowa passed an anti-SLAPP law in 2025, and the Wisconsin state legislature reintroduced an anti-SLAPP bill in September 2025. 

As more states adopt anti-SLAPP laws, citizens may be more empowered to speak out in public.

State-by-State Overview

The table below outlines state anti-SLAPP laws and provides links to the applicable statutes.

What Should You Do If You’re Accused of Defamation?

You may be speaking on an issue of public interest, but still get served with a defamation lawsuit. If your First Amendment rights to public speech are threatened, contact a civil rights attorney near you. They will be able to determine your state’s anti-SLAPP statutes and enforce your speech protections by filing an anti-SLAPP motion. If your state has anti-SLAPP protections, your case could be dismissed, and you may have a cause of action for your attorney’s fees.