SLAPP

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.   read more »

The CMLP has not identified any relevant statues or cases concerning Strategic Lawsuits Against Public Participation (SLAPPs) in Virginia. If you know about an anti-SLAPP law in Virginia, please contact us. You can find general information in the section on Responding to Strategic Lawsuits Against Public Participation (SLAPPs). If you receive a SLAPP, you should immediately get legal assistance. You also may want to refer to the section on Responding to Lawsuits for more information.

If you succeed in fending off a SLAPP-type lawsuit in Virginia, you may be able to bring a claim of malicious prosecution against the original plaintiff. While Virginia 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.

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

The CMLP has not identified any relevant statues or cases concerning Strategic Lawsuits Against Public Participation (SLAPPs) in the District of Columbia. If you know about an anti-SLAPP law in the District of Columbia, please contact us. You can find general information in the section on Responding to Strategic Lawsuits Against Public Participation (SLAPPs). If you receive a SLAPP, you should immediately get legal assistance. You also may want to refer to the section on Responding to Lawsuits for more information.

If you succeed in fending off a SLAPP-type lawsuit in the District of Columbia, you may be able to bring a claim of malicious prosecution against the original plaintiff. While the District of Columbia 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.