Investigative Article: The Quest for Free Speech: Understanding Arizona's Anti-SLAPP Laws
"I disapprove of what you say, but I will defend to the death your right to say it." This saying, originally attributed to French Enlightenment writer Voltaire, summarizes the concept of free speech. It means that one may express their opinions or ideas freely. Despite this, free speech is being threatened, and more often than not, individuals with limited resources bear the brunt of the assault. In Arizona, however, there are updated Anti-SLAPP laws which protect the vulnerable, and in this article, we will endeavor to understand these laws.
What is a SLAPP Lawsuit?
A SLAPP (Strategic Lawsuit Against Public Participation) lawsuit involves legal action taken to silence an individual or group's right to free speech. The purpose of this litigation is not necessarily winning the case but rather intimidation and harassment of the defendant. Due to the high costs associated with these lawsuits, defendants often have to relent or face financial ruin.
Explaining Arizona's Updated Anti-SLAPP Laws
Arizona's legislature enacted the anti-SLAPP law in 1994 to protect individuals from frivolous lawsuits filed to discourage them from participating in public issues actively. However, because this statute lacked teeth, it did not offer enough protection to defendants in SLAPP suits. The updated version, which was signed into law on April 1, 2021, strengthens the law by setting strict parameters in favor of defendants.
What is Considered Free Speech?
Free speech is the right to express any opinions without censorship or restraint. The trouble arises when a person's expressions, especially in public, bring harm to others explicitly. For instance, shouting fire in a crowded place, or vulgarly and profanely insulting another person can be classified as hate speech which is not protected by the first amendment.
Are there Federal Anti-SLAPP Laws?
No, there isn't a federal Anti-SLAPP law even though more than half of the states have this statute. The reason for this is that the Supreme Court declares that states have the power to set their own standards for free speech.
Arizona’s Anti-SLAPP Laws vs. Other States
The Arizona anti-SLAPP law has been referred to as one of the most robust and advantageous in the nation. One significant factor that distinguishes Arizona's law is that it allows defendants to have their legal fees reimbursed if they successfully defend themselves. On the other hand, other states' Anti-SLAPP statutes only allow the defendant to submit a motion to dismiss the lawsuit.
How Does Filing an Anti-Slapp Motion Work?
To file an Anti-SLAPP motion, one needs to show that the lawsuit falls under specific categories. The defendant needs to demonstrate that they were within their legal right to exercise their freedom of speech. After filing the motion, the plaintiff has to prove, preponderance of the evidence, that there is substantial ground to support their claim.
Who is "State Actors" Under Arizona Law?
State actors are individuals or organizations that have the support or influence of the state or federal government. Such actors are held to a higher standard than private citizens.
In conclusion, for persons actively involved in civic matters or anyone whose ideas may influence the public, Arizona Anti-SLAPP laws provide significant protection. It shields individuals from harassment and intimidation. As we endeavor to counter suppression of speech, these laws bolster our confidence that we can share our opinions without fear.
Arizona Anti-SLAPP Laws: Protecting Free Speech
