In its 2009 ruling in LoBiondo v. Schwartz, our Supreme Court declined to read into the common law a mechanism to filter out so-called SLAPP (Strategic Lawsuits Against Public Participation) suits, which are often brought by corporations, real estate developers, government officials and others against individuals and community groups who oppose them on issues of public concern.
SLAPP suits use claims such as defamation, conspiracy, malicious prosecution, nuisance, interference with contract and/or economic advantage to derail public debate and put those exercising their free speech rights on the defensive for activities as innocuous as writing a letter to an editor, reporting unlawful activity, circulating petitions, erecting signs on their property or speaking at public meetings.
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