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On April 21, the Alliance joined a brief, filed in the New York Supreme Court Appellate Division First Department, concerning the application of New York’s amended anti-SLAPP law. In Zeitlin v. Cohan, Jide Zeitlin sued a journalist for an article published in ProPublica entitled “The Bizarre Fall of the CEO of Coach and Kate Spade’s Parent Company.” The article profiled Mr. Zeitlin’s life and his rise to becoming one of only five Black Fortune 500 CEOs. The article also covered his nomination for an ambassadorship and his subsequent withdrawal from this nomination and resignation as CEO of luxury fashion holding company Tapestry, allegedly because of allegations of sexual impropriety related to an extramarital affair. Mr. Zeitlin sued for defamation and the journalist moved to dismiss under New York’s anti-SLAPP law. The trial court granted the motion to dismiss, and Mr. Zeitlin appealed. The brief, filed by RCFP, argues the article covered an issue of public interest as defined by the law and that the trial court properly applied the correct standard of proof Mr. Zeitlin was required to meet, and failed to, under New York’s anti-SLAPP law to defeat the motion to dismiss. Read more.

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On March 28, the Alliance sent a letter to Texas Representative and House Judiciary Chairman Jeff Leach expressing concerns over House Bill 2781. As currently drafted, HB 2781 would threaten the vital free speech protections encompassed in Texas’s anti-SLAPP statute, the Texas Citizens Participation Act (“TCPA”). The bill would eliminate the automatic stay of proceedings when a motion to dismiss under the TCPA is found to be frivolous, untimely, or subject to a statutory exemption. This would result in unnecessary and wasteful litigation if an appellate court subsequently reversed the denial of the motion to dismiss, rendering the trial court activity in the interim futile. HB 2781 would essentially force parties to litigate the same anti-SLAPP case and motion in two courts, simultaneously, which is an afront to judicial economy.

On March 30, the Alliance also joined the Reporters Committee’s letter, along with a coalition of groups, expressing similar concerns over HB 2781 as well as the companion bill, Senate Bill 896. The Alliance supports safeguarding anti-SLAPP laws that provide critical protections to journalists and news publishers against meritless lawsuits.

The Alliance’s letter can be viewed in full here.

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On July 29, the News/Media Alliance signed on to the Reporters Committee’s amicus brief arguing for strong anti-SLAPP protections. In Stabosz v. Friedman, Stabosz was sued for defamation and filed an anti-SLAPP motion to dismiss the lawsuit. Anti-SLAPP motions give defendants an early motion to dismiss frivolous cases where they are being sued for participating in constitutionally protected First Amendment activity. The lower court denied the defendant’s anti-SLAPP motion, even though the plaintiff provided no evidence of actual malice. The Reporters Committee filed an amicus brief in support of Stabosz arguing that a plaintiff is required to proffer evidence of actual malice in order to survive an anti-SLAPP motion and asks the appeals court to reverse and remand the lower court’s ruling on the anti-SLAPP motion. The Alliance continues to support robust anti-SLAPP laws that provide pivotal protections for news publishers. Read more.

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On July 20, the UK Ministry of Justice issued a Government Response to the Call for Evidence about SLAPP legislation. The Ministry is “moving decisively to stamp out SLAPPs” by creating reforms. These include a proposed “new statutory early dismissal process to stop these cases in their tracks – allowing judges to throw out claims that lack merit.” This dismissal process includes a three-part test: (1) Assess if the case is against activity in the public interest; (2) Examine evidence of abuse of process; and (3) Review if the case has a realistic prospect of success. The Ministry is also working with the Civil Procedure Rule Committee to cap litigation costs in SLAPP cases. The Ministry further said that “these reforms are just the opening salvo against SLAPPs.” The Alliance applauds the UK’s strides towards protecting against SLAPP suits, which provide critical protection for a strong, independent press—free from coercion by meritless lawsuits.  Read more.

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On May 19, a New York appeals court dismissed a defamation claim in Kurland v. Glassdoor. Kurland sued Glassdoor based on an anonymous bad review of Kurland’s company on Glassdoor’s website. Glassdoor filed an anti-SLAPP motion in the case. The Alliance previously joined the Reporters Committee amicus brief in the case, arguing for strong anti-SLAPP protections for news publishers. While the court dismissed the defamation claim, the court used a motion to dismiss rather than the anti-SLAPP law, holding that New York’s anti-SLAPP law does not apply retroactively. At the same time, the New York legislature is working to clarify that the law does apply retroactively by passing an amendment. Read more.

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