Academic Articles, Books, & Model Bills
Jerome Braun, Increasing SLAPP Protection: Unburdening the Right of Petition in California, 32 U.C. DAVIS L. REV 965 (1998-1999).
Comprehensive overview of California anti-SLAPP legislation and history, with thoughtful suggestions for improvement and accompanying commentary.
Draft federal anti-SLAPP law, largely premised on George Pring and Penelope Canan’s Model Bill, infra.
Jim Demint and J. David Woodard, Why We Whisper: Restoring Our Right to Say It's Wrong, Rowman and Littlefield Publishers, Inc. 2008.
Conservative perspective about the use of SLAPPs. Reviews SLAPPs that have been brought against conservative causes and suggests solutions to end SLAPPs, including fee-shifting provisions for prevailing SLAPP defendants.
University of Miami Legal Studies Research Paper No. 2009-02.
Stephen Kling, Missouri’s New Anti-SLAPP Law, JOURNAL OF THE MISSOURI BAR, Vol. 61, 113 (May-June 2005).
Review of the Missouri anti-SLAPP law.
Examines the nexus between state and federal law where SLAPPs are tried in a federal district court sitting in diversity.
Laura Long, SLAPPing Around the First Amendment: An Analysis of Oklahoma’s Anti-SLAPP Statute and Its Implications on the Right to Petition, 60 OK. L. REV. 421 (2007).
Examines Oklahoma’s somewhat narrow SLAPP protections and suggests improvements.
Reviews the changes in Congress’s Fourteenth Amendment enforcement powers in the wake of City of Boerne v. Flores, supra.
Calvin Massey, Two Zones of Prophylaxis: The Scope of the Fourteenth Amendment Enforcement Power, 76 GEO. WASH. L. REV. 1, 5 (2007).
Unpublished draft, on file with the Public Participation Project.
Sean McAllister, SLAPP Resource Center, The Citizen Participation Act of 200_
Jeff McGoff, Exploring the Boundary of the Noerr-Pennington Doctrine in the Adjudicative Process, 34 U. MEM. L. REV. 429 (2004).
Good short summary of the Noerr-Pennington Doctrine and its limitations.
MEDIA LIBEL LAW: 50-STATE SURVEY. (Media Law Resource Center, Inc., ed.,).
Excellent brief review of media libel law in each state and territory. New edition published every year. See for more information about state immunity laws.
Wendy Parmet, Issues State Courts Face When Considering Federal Preemption of State Court Procedures: An Analysis for State Judges, 2002 Forum for State Court Judges, (2002).
Pound Civil Institute for Justice publication.
Pring and Canan coined the term “SLAPP” and were the first to research and document the phenomenon. This book provides an overview of SLAPPs, a review of state legislation existing at publication, and a model bill.
GEORGE W. PRING AND PENELOPE CANAN, SLAPPS: GETTING SUED FOR SPEAKING OUT (Temple University Press 1996).
This model bill provided the structure and much of the content for this draft bill.
PRING AND CANAN MODEL BILL, in PRING AND CANAN, supra, at 201-220.
Rory Ryan, No Welcome Mat, No Problem? Federal-Question Jurisdiction after Grable, 80 ST. JOHN’S L. REV. 621 (2006).
Explores the Supreme Court historical jurisprudence about jurisdictional issues leading up to the Grable decision, which affirmed that federal courts may constitutionally have jurisdiction over state law claims, even where no federal cause of action is alleged.
Laura Sager and Stephen Cohen, How the Income Tax Undermines Civil Rights Law, 75 S.CAL. L. REV. 1075 (2000)
Informative discussion of the relationship between tax law and civil rights remedies.
Kathryn Tate, California’s Anti-SLAPP Legislation: A Summary of and Commentary on its Operation and Scope, 33 LOY L.A. L. REV. 801 (2000).
Comprehensive overview of the state of the California anti-SLAPP law as of 2000, with a discussion of George Pring and Penelope Canan’s recommendations to the California Judicial Council for improvements on the law.
Extremely thoughtful model state bill with notes on the reasoning behind the bill’s provisions and suggestions for passing legislation.
Discussion of Congress’s limited ability to regulate state court procedure.
David Schwartz, The Federal Arbitration Act and the Power of Congress over State Courts, 83 OR. L. REV. 541, 545 (2005).