New Jersey has some of the most progressive law in the nation protecting free speech on matters of public concern. Yet, unlike 32 other states, New Jersey has no law or caselaw to meaningfully punish a well-heeled plaintiff who files an action — typically defamation or tortious interference claims meant to silence detractors—called a Strategic Lawsuit Against Public Participation (SLAPP). These flawed lawsuits usually require proof of actual malice and contain exaggerated damage claims that would be difficult if not impossible to prove in an effort to force capitulation by defendants through the threat of legal fees and fear of an eventual award.

Hopefully, this will change soon. There seems to be a steady nationwide movement toward more anti-SLAPP statutes, spurred by the 2020 Uniform Public Expression Protection Act (UPEPA) approved by the National Conference of Commissioners on Uniform State Laws, and now the act has been introduced in the state Legislature by state Sen. Joseph Lagana (D-Bergen) and Assemblyman Raj Mukherji (D-Hudson).

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