July 23, 2025

In the labyrinth of legal battles, anti-SLAPP (Strategic Lawsuit Against Public Participation) motions serve as a beacon of efficiency and effectiveness. These laws are tailored to quickly dismiss lawsuits that penalize free speech, cementing their role as vital shields for public expression.
According to seasoned legal professionals, overturning an anti-SLAPP victory on appeal is highly uncommon. "These laws are designed to curb lawsuits that essentially serve as bullying through legal means," noted a First Amendment attorney with extensive experience in anti-SLAPP cases. "Appellate courts tend to uphold the trial court's decision recognizing protected speech," the attorney added.
A recent case involving actress Leah Remini underscores the potency of these statutes. A Los Angeles Superior Court judge applied California's broad anti-SLAPP law to dismiss most claims against Remini, a decision now challenged on appeal. However, experts suggest that Remini's chances are slim, and a upheld dismissal could burden her with hefty legal fees.
These fees can skyrocket, particularly through the appellate process, potentially totaling hundreds of thousands or even millions of dollars. "The attorney’s fees provision acts as a strong deterrent against baseless legal actions, increasing the stakes of using the courts to stifle speech," remarked the attorney.
The rise in anti-SLAPP applications, especially concerning online reviews, public protests, and critiques of powerful figures and entities, signals their growing acceptance as a cornerstone of First Amendment defenses. Courts continue to emphasize the importance of protecting public discourse, rendering appeals in such cases often perfunctory.
"The legal system can be slow, but anti-SLAPP cases are an exception. Once you secure a win, it's tough to reverse it—and the costs for the opposition can be substantial," the attorney pointed out. This difficulty stems from the burden on the plaintiff in an anti-SLAPP motion to demonstrate a probable success in the case, a demanding standard at the early litigation stages.
Appellate courts independently review these cases without deferring to the trial court's findings, yet they frequently arrive at the same conclusion. This consistency is driven by the judges' cautious approach to lawsuits that could suppress free speech and the strong legal basis of successful anti-SLAPP motions, which are often underpinned by clear precedents and constitutional safeguards.
Moreover, the entitlement of the prevailing party to recover attorney’s fees and costs adds another layer of protection, ensuring that defendants not only dismiss meritless lawsuits but also recoup their defense expenditures.
As battles for free speech forge ahead in courts, the consensus among experts is clear: victories achieved through anti-SLAPP laws are not only enduring but also impose severe financial penalties on the plaintiffs, making them among the most consequential wins and losses in legal disputes over free expression.