C.A. 1st;
A148623

The First Appellate District affirmed in part and reversed in part a trial court order. The court held that because a performing artist's lawsuit against Facebook was based on protected speech involving matters of public interest, and the artist failed to show a probability of prevailing on the merits, his complaint should have been struck in its entirety under the anti-SLAPP statute.

Third parties posted a Facebook page titled “Families Against Mikel Knight.” Jason Cross, aka Mikel Knight, a country rap artist, sought to have the page removed, claiming it had incited violence and generated death threats against him and his team. When Facebook refused, Knight and related entities filed suit, alleging causes of action for (1) breach of written contract; (2) negligent misrepresentation; (3) negligent interference with prospective economic relations; (4) breach of Civil Code §3344; (5) violation of common law right of publicity; and (6) unlawful and unfair business practices. Facebook filed a special motion to dismiss all six causes of action, arguing that they arose from protected activity and that plaintiffs could not show a probability of prevailing on any of them. Knight opposed, arguing his claims were based not on public statements, but on “Facebook's statements made privately to Mr. Knight…that Facebook would remove content where there was a threat to physical harm.”