Washington
Grade: A
Most of Washington's previously rated Excellent anti-SLAPP law was ruled unconstitutional by the Washington Supreme Court in 2015. However they rewrote the statute in 2021 in a manner restoring its constitutionality and restoring its excellent grade.
Statute or Case Law? | Any Forum? | Any Public Issue? | Mandatory Attorney Fees/Costs? | Additional Burden? | Amendment After Grant? | Amendment While Pending? | Immediate Appeal? |
---|---|---|---|---|---|---|---|
RCW 4.24.5109 | Y | ? | ? | ? |
2021 Wa. ALS 259, 2021 Wa. Ch. 259, 2021 Wa. SB 5009 Full text of the most recent statute
Washington SLAPP Stories:
Washington State has now changed their anti-SLAPP laws in an effort to restore the protections after the courts ruled their prior versions unconstitutional.
Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, was joined by Brenda Skylstad to discuss her role in creating important anti-SLAPP legislation.
Bruce E.H. Johnson and Antoinette Bonsignore write in the Seattle Times, "It’s critical for the Legislature to restore the safeguards and protections in a 2010 statute that had protected sexual-assault survivors from defamation lawsuits by their abusers."
Read more here.
In Washington state, in 1986, police entered the homes of two Roma (Gypsy) families on a faulty warrant and searched family members – including a baby – who were not the subjects of the warrant. The families sought $59 million in damages, and the city and county countersued in federal court, alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO).
In 2001 in Washington State, a number of citizen groups and individuals opposed the land developer Right-Price’s proposal to build several new houses in a historic area. In response to the opposition, Right-Price sued several associations and individuals, seeking damages for slander, commercial disparagement, tortious interference, and civil conspiracy.
In Washington state, a local organic farmer was arrested in a traffic stop the courts ruled was an illegal “pretext stop.” He filed a federal civil rights suit, and the city attorney’s office countersued for malicious prosecution, and for defamation based upon “outlandish statements” he made about the police officer involved in the arrest.
From Mike Masnick at TechDirt:
"For years, we’ve talked about the importance of anti-SLAPP laws that help quickly toss out lawsuits whose sole purpose are to silence critics. A key point that we’ve made is the need for a federal anti-SLAPP law, because until then, we’re at the mercy of a patchwork of state laws. Some states have no anti-SLAPP law. Some have weak ones. A few have strong ones. In just the past month alone we’ve discussed Florida strengthening its anti-SLAPP law, and Nevada’s attempt to weaken its anti-SLAPP law. Meanwhile, a court in DC issued a ruling that greatly limited the effectiveness of DC’s anti-SLAPP law