Historical SLAPPS

Strategic Laws Against Public Participation (SLAPPS) are retaliatory lawsuits that chill free speech. SLAPPS are often filed against people who make unpopular comments or criticisms against public figures, policies, and corporations. These suits often disguise themselves as libel or defamation suits. SLAPPs gained their moniker in the 1980s by Professors George W. Pring and Penelope Canan. Despite its recent naming, SLAPPs have permeated American courts since the 1800s.

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Historical SLAPPs: NAACP v. Claiborne Hardware Co.
Historical SLAPPs: NAACP v. Claiborne Hardware Co.

In 1982, the United States Supreme Court ruled that states cannot prohibit the peaceful protest of a political boycott. This ruling followed after a coalition of Black Mississippi citizens launched two boycotts against white businesses in the area. In response, the boycotted merchants filed a lawsuit in Mississippi state court. Despite not being labeled as such at the time, this suit was a Strategic Lawsuit Against Public Participation.

Bully Pulpit Blunders: TR’s Tumultuous SLAPP
Bully Pulpit Blunders: TR’s Tumultuous SLAPP

In 1908, Roosevelt filed a retaliatory libel suit against Journalist Joseph Pulitzer over statements in several newspaper articles. The suit would span into a years-long battle that would ultimately land before the Supreme Court.