Grade: A

California has an excellent anti-SLAPP law. It was enacted in 2009.

Jurisdiction Statute or Case Law? Any Forum? Any Public Issue? Mandatory Attorney Fees/Costs? Additional Burden? Amendment After Grant? Amendment While Pending? Immediate Appeal?
California Cal. Civ. Proc. Code 425.16 Y Y Y Y/N 1 N Y

1In state courts, claims may not be amended if an anti-SLAPP motion is pending or has been granted.  In federal courts, leave to amend may be granted.


CIV. PROC. CODE § 425.16 (as amended 2009)

Statements before a government body or official proceeding; or in connection with issue under consideration by government body; or in a place open to the public or public forum in connection with issue of public interest; or any other conduct in furtherance of petition/free speech in connection with issue of public interest, are protected.

CIV. PROC. CODE § 425.17.

Exempts from the anti-SLAPP law public interest litigation and claims arising from commercial speech.

CIV. PROC. CODE §425.18

SLAPPbacks:  Prohibits the use of certain provisions of the anti-SLAPP law against a SLAPPback brought in the form of a malicious prosecution claim.

The California Anti-Libel Tourism Act

SB 320 passed both chambers of the CA legislature and was approved by Governor Arnold Schwarzenegger on 10/11/09.  The bill prohibits recognition of foreign defamation judgments if a California court determines that the defamation law applied by a foreign court does not provide at least as much protection for freedom of speech and the press as provided by both the United States and California Constitutions.

California SLAPP Stories: