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Metropolitan DC Local Politics
Reply to "Lawyers: slander/libel?"
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[quote=Anonymous][quote=Anonymous]DC has an anti-SLAPP statute that makes it somewhat more difficult to sue someone for engaging in speech relevant to matters of public concern. But i[b]f you are in VA[/b]. Or MD, [b]there is not an anti-slapp statute [/b]so someone can bring a baseless suit against you and make you defend it. [/quote] PP, that's completely false. Virginia has a not-bad Anti-SLAPP statute, and has for years. It's imperfect but not fatally flawed. The only way around it, in its context, is actual or constructive knowledge of, or extreme recklessness re, falsity. ANYTHING that would be protected by NYT v Sullivan is covered by the statute. There is a fee-shifting clause. You need to double-check before you post complete BS information on which people might innocently rely. The statute is at: https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-223.2/ The text is: A. A person shall be immune from civil liability for a violation of ยง 18.2-499, a claim of tortious interference with an existing contract or a business or contractual expectancy, or a claim of defamation based solely on statements (i) regarding matters of public concern that would be protected under the First Amendment to the United States Constitution made by that person that are communicated to a third party or (ii) made at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies and authorities thereof, and other governing bodies of any local governmental entity concerning matters properly before such body. The immunity provided by this section shall not apply to any statements made with actual or constructive knowledge that they are false or with reckless disregard for whether they are false. B. Any person who has a suit against him dismissed or a witness subpoena or subpoena duces tecum quashed pursuant to the immunity provided by this section may be awarded reasonable attorney fees and costs. [/quote]
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