Anti-SLAPP Law in Washington

Note: This page covers information specific to Washington. For general information concerning Strategic Lawsuits Against Public Participation (SLAPPs), see the overview section of this guide.

You can use Washington's anti-SLAPP statute, found at Wash. Rev. Code § 4.24.510, to counter a SLAPP suit filed against you, at least under some circumstances. The statute gives you immunity from lawsuits based on your communications "to any branch or agency of federal, state, or local government regarding any matter reasonably of concern to that agency." By its terms, the anti-SLAPP statute does not protect "free speech" in the abstract, but only communications to government bodies. If a court rules in your favor under the anti-SLAPP statute, it will dismiss the plaintiff's case early in the litigation and award you attorneys' fees and court costs. It may also award you statutory damages of $10,000, provided your original communication to the government was made in good faith.

Activities Covered By The Washington Anti-SLAPP Statute

To challenge a lawsuit as a SLAPP in Washington, you need to show that the plaintiff is suing you over a communication "to any branch or agency of federal, state, or local government regarding any matter reasonably of concern to that agency." Such agencies also include self-regulatory organizations delegated authority by a federal, state, or local government agency.

While the scope of the anti-SLAPP statute is thus relatively narrow, a court could find that online speech about a matter or issue before a government agency constitutes a communication to that agency for purposes of the law. That said, the CMLP has not identified any cases where Washington courts look at this question. If you know of one, please contact us.

How To Use The Washington Anti-SLAPP Statute

If you are served with a complaint that you believe to be a SLAPP, you should seek legal assistance immediately. Getting the case dismissed may be complicated, and you and your lawyer need to move quickly to avoid missing important deadlines. Keep in mind that, although hiring legal help is expensive, you may be able to recover your attorneys' fees if you prevail. In addition, there may be public interest organizations that would be willing to take on your case for free or for a reduced rate. The First Amendment Center has an excellent list of organizations that can help.

The Washington anti-SLAPP law does not set out a specific procedure for challenging a lawsuit as a SLAPP, in contrast to most other states, which provide for special motions to dismiss or strike the complaint. The Washington statute grants immunity for communications to the government, but it does not state how you should raise the defense in court. Most likely, your lawyer could raise it in a pre-trial motion, such as a motion to dismiss the complaint. An attorney familiar with Washington law would be able to determine the appropriate motion to use.

What Happens If You Win A Motion To Strike

If the court dismisses the lawsuit against you under the Washington anti-SLAPP statute, you are entitled to costs and reasonable attorneys' fees incurred in your defense. In addition, the court may award you statutory damages of $10,000, if it finds that your communication was made in good faith.

If you succeed in fending off a SLAPP-type lawsuit in Washington, you may be able to bring a claim of malicious prosecution against the original plaintiff. While Washington does not explicitly recognize a "SLAPPback" claim, the elements of a malicious prosecution claim are similar. You should consult an attorney to see whether such a claim may be viable in your case.