Anti-SLAPP laws by state: the short answer
Anti-SLAPP laws are state statutes that let a person who is sued over protected speech ask the court to dismiss the case early, before expensive discovery begins. According to the Reporters Committee for Freedom of the Press, 40 states and the District of Columbia had anti-SLAPP laws as of March 2026. The protection is not uniform: each state decides what speech is covered, how fast the motion must be filed, and who pays the legal fees. The table on this page shows the status in each state and links to the statute or official source we used.
If you are dealing with harmful content online, these laws matter whichever side you are on. They can protect you when someone sues to silence a fair review or a news report. They can also turn a weak defamation claim into an expensive mistake for the person who filed it.
Anti-SLAPP laws by state
Showing 51 of 51 states
Values come from each jurisdiction’s guide, checked against official sources on November 1, 2026. Open the guide for the exact rule, exceptions and sources.
What a SLAPP is and what anti-SLAPP laws are for
SLAPP stands for strategic lawsuit against public participation. Cornell Law School’s Legal Information Institute describes these suits as cases brought to discourage critics from producing negative publicity, often with the real aim of making the critic spend time and money on a defense. The Uniform Law Commission notes in its summary of the Uniform Public Expression Protection Act that a SLAPP can be dressed up as a defamation, invasion of privacy, nuisance, or other claim.
The common thread is the target: speech, reporting, petitioning the government, or similar activity. An anti-SLAPP statute does not decide whether that speech was true or fair. It gives the court a fast way to test whether the lawsuit has enough legal and factual support to continue.
That distinction matters. A genuine claim over a false statement of fact can survive an anti-SLAPP motion. Our guides on defamation laws, libel vs. slander and defamation per se explain what a valid claim usually needs.
How an anti-SLAPP motion usually works
The details differ, but most modern statutes share a recognizable sequence. The RCFP overview lists the core features as an early motion to dismiss, an automatic pause on discovery, fee shifting for defendants who win, and in many states the right to appeal right away if the motion is denied.
- A short filing window. Several statutes, including the uniform act, use 60 days. California allows the special motion within 60 days of service of the complaint, or later at the court’s discretion (Cal. Code Civ. Proc. § 425.16(f)). Texas requires it no later than the 60th day after service, unless the parties agree or the court extends it for good cause (Tex. Civ. Prac. & Rem. Code § 27.003).
- Discovery stops. In California, filing the motion stays all discovery until the court rules, unless the court allows specific discovery for good cause (§ 425.16(g)). Texas suspends discovery in a similar way (§ 27.003(c)).
- The defendant shows the claim targets protected activity. California, for example, covers statements in official proceedings, statements on issues under review by an official body, statements in a public place or forum on an issue of public interest, and other conduct furthering speech or petition rights on a public issue (§ 425.16(e)).
- The burden shifts to the plaintiff. In California, the court grants the motion unless the plaintiff shows a probability of prevailing on the claim (§ 425.16(b)(1)). Under the uniform act, the plaintiff must establish a prima facie case on each essential element (ULC summary).
- Fees follow the result. A defendant who wins in California is entitled to attorney’s fees and costs (§ 425.16(c)(1)). In Texas the court must award costs and reasonable attorney’s fees to the defendant who wins and may also impose sanctions (§ 27.009). Both statutes allow fees to go the other way when the motion itself was frivolous or filed only to delay.
For a plaintiff, that last step is the real risk. A defamation claim that cannot clear the early evidence bar may end with the plaintiff paying the defendant’s lawyers.
Why protection differs so much from state to state
Checking the law state by state matters because the scope varies widely. The RCFP guide points out that some states, such as Massachusetts, only protect people sued in retaliation for petitioning the government, while others, such as California, protect speech connected to a public issue.
The uniform act is spreading
The Uniform Law Commission drafted the Uniform Public Expression Protection Act (UPEPA) as a model law for states. It applies to claims based on communications in government proceedings, communications on issues under review in those proceedings, and the exercise of free speech, press, assembly, petition, or association rights on a matter of public concern. It also excludes certain claims, including some claims against businesses that arise from communications about the goods or services they sell (ULC summary). According to the RCFP’s latest developments tracker, Washington was the first state to adopt a version, in 2021, and Missouri became the 17th in July 2026.
Laws change, and some have been struck down
The same tracker shows how often this area moves. Washington’s 2010 statute was struck down in 2015 before the state adopted its new law. Texas narrowed its statute and added exemptions in 2019. New York broadened its law in 2020, and Arizona expanded its law in 2022 (RCFP). Always check the current text of the statute and its effective date, because a change can affect which rules apply to a given case.
States without a statute
A state with no anti-SLAPP law is not a place without free speech defenses. The First Amendment, the truth defense, the line between fact and opinion, and ordinary motions to dismiss still apply. What is missing is the fast track, the automatic discovery pause, and the mandatory fee award.
Do state anti-SLAPP laws apply in federal court?
Not reliably. Federal courts are divided on whether a state’s anti-SLAPP procedure can be used in a federal case, and the RCFP notes that the U.S. Supreme Court has not resolved the question (RCFP). The Fifth Circuit held in Klocke v. Watson (2019) that the Texas framework cannot apply in federal court, and the Second Circuit held in La Liberte v. Reid (2020) that California’s statute does not apply there. In Gopher Media LLC v. Melone (2025), the Ninth Circuit assumed that California’s law still applies in diversity cases but ruled that denials of those motions can no longer be appealed right away in federal court.
Members of Congress have proposed federal anti-SLAPP legislation more than once. The RCFP reported in December 2024 on the introduction of the Free Speech Protection Act, which followed an unsuccessful effort in the 117th Congress (RCFP). Where a case is filed can therefore change the strategy as much as which state’s law applies.
What anti-SLAPP laws mean if you want to sue over online content
Most people who contact us are not trying to silence anyone. They are dealing with a fake review, a false accusation in a forum, or an article that misstates the facts. Even so, a lawsuit over online statements will often be treated as a claim based on speech, and reviews and public commentary can fall within a statute’s “public interest” language. That is why the anti-SLAPP question should come before the complaint is filed, not after.
- Separate fact from opinion. A provably false statement of fact is far stronger than a harsh opinion. “This company stole my deposit” is a different claim from “the worst service I have ever had.”
- Gather evidence early. Many statutes require the plaintiff to present evidence at the start, while discovery is paused. Screenshots, dates, URLs, and proof of falsity and harm need to exist before filing.
- Watch the deadlines on both ends. The anti-SLAPP clock starts with service, but the time limit to sue starts much earlier. See our guide to the defamation statute of limitations.
- Count the cost of losing. In states with mandatory fee shifting, a dismissed claim can mean paying the other side’s attorney’s fees.
Our step-by-step guide on how to sue for defamation covers the rest of the process. For anything beyond general information, speak with an attorney licensed in the state where the case would be filed.
What anti-SLAPP laws mean if you are the one being sued or threatened
If you receive a demand letter or a lawsuit over something you said, wrote, or reported, find out quickly whether your state has an anti-SLAPP statute and what it covers. The filing window can be short, and missing it can mean losing the early dismissal route. A lawyer can tell you whether your statement is the kind of activity the statute protects and whether an exemption, such as one for certain commercial speech, might apply.
A threat is not a judgment. Many disputes over online content end with a correction, a clarification, or a platform decision, without ever reaching a courtroom.
Practical steps before you file or respond
- Preserve the content. Save full-page captures with the URL, the date, and the author’s handle before anything is edited or deleted.
- Identify the state or states involved. Where the speaker lives, where you live, and where the case would be filed can all matter. Use the table on this page as a starting point and read the linked source.
- Check the current statute text. Note the filing deadline, the scope, the exemptions, and the fee rule.
- Assess the evidence honestly. Can you show the statement is false, that it is a statement of fact, and that it caused harm?
- Consider routes that are not lawsuits. Platform reporting, a request to the publisher, or a search engine removal request is not a lawsuit, so an anti-SLAPP motion does not come into play. Our guide on how to report defamation on social media explains how platform reporting works.
- Get advice from a licensed attorney before filing a complaint or responding to one.
How Media Removal can help
Media Removal is not a law firm and does not give legal advice. What we do is work on the content itself. Our content removal team uses the pathway that fits each case: direct outreach to the publisher, platform-specific reporting, DMCA notices, GDPR requests, or defamation claims. Whether something comes down depends on the platform’s rules and, where a court is involved, on the court. For content removal, you are billed only when the URL is verified offline.
When removal is not possible, online reputation management can push negative results down and build accurate information on page one. If the story is spreading fast, our reputation crisis management team responds the same day, and our guide to crisis management explains the first decisions to make.
Every client signs an NDA, and so do we. If you want an honest view of what can be done with a specific URL, you can request a quote.
Frequently asked questions
Which states have anti-SLAPP laws?
According to the Reporters Committee for Freedom of the Press, 40 states and the District of Columbia had anti-SLAPP laws as of March 2026. The table on this page shows the status in each state with a link to the source, and because these laws change often, it is worth checking the current statute text.
What happens if an anti-SLAPP motion is granted?
The claim, or the part of it based on protected activity, is dismissed. In many states, including California and Texas, the defendant who wins is also entitled to recover attorney’s fees and costs from the plaintiff.
Can I still sue for defamation in a state with an anti-SLAPP law?
Yes. Anti-SLAPP laws do not ban defamation claims. They require the plaintiff to show early in the case that the claim has legal and factual support, such as a probability of prevailing in California or a prima facie case under the uniform act.
Do anti-SLAPP laws apply to online reviews and social media posts?
They often can, because many statutes cover statements in a public forum on an issue of public interest or on a matter of public concern. Whether a specific review or post qualifies depends on the state’s wording, any exemptions, and how its courts have read the law.
Is there a federal anti-SLAPP law?
Federal anti-SLAPP bills have been introduced in Congress, including the Free Speech Protection Act introduced in December 2024. Federal courts are split on whether state anti-SLAPP laws apply in federal cases, and the U.S. Supreme Court has not decided the question.
How long do I have to file an anti-SLAPP motion?
It depends on the state. California and Texas both use a 60-day window that starts with service of the lawsuit, with some room for the court to allow more time. The uniform act also uses 60 days. Check the statute in your state and talk to a lawyer quickly.
Sources
- Reporters Committee for Freedom of the Press: Anti-SLAPP Legal Guide
- Reporters Committee for Freedom of the Press: Anti-SLAPP latest developments
- Cornell Law School LII: SLAPP suit
- Uniform Law Commission: Uniform Public Expression Protection Act summary
- California Code of Civil Procedure § 425.16
- Texas Civil Practice and Remedies Code § 27.003
- Texas Civil Practice and Remedies Code § 27.009
- Reporters Committee for Freedom of the Press: Lawmakers introduce federal anti-SLAPP bill (Dec. 2024)
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