What Is a 'Substantial Basis' Under New York's Anti-SLAPP Law?

On Nov. 10, New York enacted legislation intended to strengthen free speech protections by modifying its nearly 30-year-old Anti-SLAPP law. But the vitality of these new protections will depend on how courts interpret a key concept in the statute.

November 17, 2020 at 03:52 PM

18 minute read

Daniel Novack

Christina Lee

For nearly three decades, New York—the nation's media capital—has had one of the country's least protective Anti-SLAPP statutes. These statutes—designed to protect our First Amendment rights from frivolous litigation—generally [1] impose heightened pleading standards for claims predicated on speech and provide for fee shifting for prevailing defendants.