Institutional

Strategic Litigation (SLAPP)

What it is

Using lawsuits to silence criticism, drain opponents' resources, and deter others from speaking out — even when the legal claims have no merit.

How it works

The goal isn't to win in court but to punish critics through the legal process itself. Legal defense is expensive and time-consuming, and the threat of lawsuits chills speech even when the claims are baseless. Large organizations use this power asymmetry to silence individuals, journalists, and small organizations who can't afford to fight.

Real-world examples

  • Corporations suing environmental activists for defamation over factual public statements.
  • Wealthy individuals filing libel suits against journalists to suppress investigative reporting.
  • Real estate developers suing community groups opposing their projects to drain their resources.

Ethical guidelines

  • Using the legal system as a weapon against free speech is an abuse of process.
  • The power asymmetry between corporate legal budgets and individual critics makes this inherently coercive.
  • Anti-SLAPP legislation is essential to protect public participation in democratic discourse.

How to defend against it

  • Know your state's anti-SLAPP laws — many allow early dismissal and fee recovery.
  • Connect with press freedom and free speech organizations that may provide legal support.
  • Document the chilling effect: the mere threat of litigation is itself newsworthy.

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