After nearly 17 years of trying, the New Jersey Legislature finally—both unanimously and in a bipartisan fashion—approved legislation that would create an expedited process for courts to evaluate and dispose of frivolous lawsuits designed to silence detractors known as Strategic Lawsuits Against Public Participation (SLAPP). We urge Gov. Murphy to sign it and make New Jersey the 33rd state, plus the District of Columbia, to have such a law.

The proposed legislation, S-2802, would change defamation and tortious interference practice for all cases touching on matters of public concern. Under the bill, defendants could file an order to show cause where a judge first determines whether the allegations have the potential to undermine First Amendment rights to speech and public participation. In the interim, the case would presumptively be stayed, and discovery limited. Once the moving party establishes that the statute applies (or the responding party fails to show it does not apply), the burden switches to the responding party to establish a prima facie case as to each essential element. Importantly, the moving party has a right to an award of attorney fees, even if the case is withdrawn. And like New Jersey’s very strong newsperson’s shield, which is also based on First Amendment interests, there is the right to an interlocutory appeal.

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