Nebraska

Grade: D

Nebraska has a weak anti-SLAPP law. It was enacted in 1994.

Jurisdiction Statute or Case Law? Any Forum? Any Public Issue? Mandatory Attorney Fees/Costs? Additional Burden? Amendment After Grant? Amendment While Pending? Immediate Appeal?
Nebraska Neb. Rev. Stat. section 25-21, 243 -6 Y ? ? ?
 

NEB. REV. STAT. §§25-21,241 – 25-21,246 (1994)

Speech by applicant or permittee that comments, rules on, challenges, or opposes application or permission decision by government is protected.

Under NEB. REV. STAT. §§ 25-21-243 & 244, a SLAPP defendant may recover damages, including costs and attorneys’ fees, from any person who commenced or continued the SLAPP.  Costs and attorneys’ fees may be recovered upon a demonstration that the SLAPP was commenced or continued without a substantial basis in fact and law and could not be supported by a substantial argument for the extension, modification, or reversal of existing law.  Other compensatory damages may only be recovered upon an additional demonstration that the action involving public petition and participation was commenced or continued for the purpose of harassing, intimidating, punishing, or otherwise maliciously inhibiting the free exercise of petition, speech, or association rights.


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