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[86WashLRev0663] A Cure for a “Public Concern”: Washington’s New Anti-SLAPP Law

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dc.contributor.author Wyrwich, Tom
dc.contributor.author Washington Law Review
dc.date.accessioned 2011-11-04T19:51:57Z
dc.date.available 2011-11-04T19:51:57Z
dc.date.issued 2011-10
dc.identifier.citation 86 Wash. L. Rev. 663 (2011) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/1063
dc.description v. 86 no.3, October 2011 Symposium Issue: Global Law and Its Exceptions en_US
dc.description.abstract Abstract: In March 2010, the Washington State Legislature passed its Act Limiting Strategic Lawsuits Against Public Participation. The new Act fills a critical void in Washington’s protection of free expression and petition rights. The Washington Act protects the free expression of Washington citizens by shielding them from meritless lawsuits designed only to incur costs and chill future expression. This Comment offers interpretive guidance for Washington courts by examining the new law, its legislative history, its constitutional underpinnings, and its relationship to the influential California anti-SLAPP statute on which it is modeled. Although the Washington Act shares many identical provisions with the California statute, Washington’s Act does include important deviations from the California model. This Comment embraces long-standing canons of statutory construction to argue that the Washington Act’s deviations reveal a specific intent to reject certain aspects of the California law. Among these specific rejections is the California law’s broader coverage of protected free expression. While California protects expression related to “issues of public interest,” the Washington Act protects expression related only to “issues of public concern.” Washington courts interpreting this important provision should reject California case law and embrace the “public concern” test established by the United States Supreme Court in Connick v. Myers, a test that already occupies solid ground in Washington case law. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Comment en_US
dc.title [86WashLRev0663] A Cure for a “Public Concern”: Washington’s New Anti-SLAPP Law en_US
dc.type Article en_US
dc.rights.holder Copyright 2011 by Washington Law Review Association. en_US

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