Grade: C
Virginia has an adequate anti-SLAPP law. Virginia updated its anti-SLAPP law in 2017. See analysis of those changes from Paul Levy at Public Citizen here.
| Statute or Case Law? | Any Forum? | Any Public Issue? | Mandatory Attorney Fees/Costs? | Additional Burden? | Amendment After Grant? | Amendment While Pending? | Immediate Appeal? |
|---|---|---|---|---|---|---|---|
| Code of VA: § 8.01-223.2. |
While the Depp v. Heard trial took the media by storm, it also sparked the interest of the legal community. Specifically, in regards to anti-SLAPP laws.
A Virginia builder filed a lawsuit against a customer who left a negative Yelp review, saying the review harmed his company’s reputation. The customer’s review claimed that the company allegedly charged her for work not done, damaged her home and stole her jewelry.
A lawyer for a Virginia resident suing a local newspaper for defamation served a subpoena on a blogger who publishes cvillenews.com, a community news blog about Charlottesville, Virginia.
In 2007, Smithfield foods filed a federal lawsuit against the United Food and Commercial workers, claiming that the union orchestrated a public smear campaign to hurt Smithfield’s business as a method of extorting the company and alleging $5 million in damages. Part of the “smear campaign” was the encouragement of local government entities to censure Smithfield’s practices.
A Montgomery County Circuit Court judge issued a ruling against a developer who sued a Christiansburg resident and blogger for complaining about a large mound of dirt on one of his properties.
A Chesterfield, Virginia businessman sued seven county residents for $1.35 million in a defamation suit over their criticism of him involving a proposed sewer district.
PPP Policy Director Evan Mascagni published an op-ed in today’s Richmond Times-Dispatch advocating for anti-SLAPP legislation in Virginia:
“Perhaps no person in the history of American politics has framed the importance of advocating for individual liberties better than Thomas Paine, one of our nation’s Founding Fathers..