MenuUnderstanding SLAPP Lawsuits
Florida courts have seen a rise in lawsuits intended not to win but to intimidate those who speak out. These cases, known as Strategic Lawsuits Against Public Participation (SLAPPs), are often brought by individuals or organizations seeking to discourage criticism or participation in civic debate. Even weak claims can drain a defendant’s time, money, and confidence, effectively silencing legitimate speech.
SLAPPs frequently target citizens commenting on community issues, journalists covering government decisions, or activists speaking on matters of public concern. Their purpose is simple — to use the legal system as a weapon to discourage public expression.
To curb this problem, many states, including Florida, have enacted anti-SLAPP laws designed to stop meritless lawsuits early and safeguard free participation in democracy. The First Amendment Encyclopedia explains how these laws protect speech and encourage open dialogue on public issues.
Florida’s Anti-SLAPP Statute
Florida’s protections are found in Florida Statutes §768.295, titled Strategic Lawsuits Against Public Participation Prohibited. The law makes it unlawful to file a lawsuit “without merit and primarily because” someone exercised their constitutional right of free speech or petition on a public issue.
In plain terms, it is illegal in Florida to sue someone primarily to punish or silence them for speaking about a public matter. The law applies to both individuals and organizations that express opinions, make statements to government officials, or engage in civic participation.
Defendants can ask the court to dismiss a lawsuit if it arises from protected speech. If the court finds the case was primarily intended to chill free expression, it must award the defendant reasonable attorney’s fees and costs. This levels the playing field between individuals and powerful entities that misuse litigation.
For a national overview of how similar laws function, see the Reporters Committee for Freedom of the Press, which tracks anti-SLAPP legislation across the United States.
What Speech Is Protected Under Florida Law
Florida’s anti-SLAPP law covers statements made in connection with public issues or participation in governmental proceedings. This includes testifying at public meetings, writing to elected officials, publishing commentary about policy, or posting online about issues of civic concern.
For example, a homeowner criticizing a zoning decision or a journalist questioning school board spending could be protected if sued for defamation. The key test is whether the speech involves a matter of public concern rather than a private dispute.
Florida courts have clarified that purely personal or commercial conflicts usually fall outside the statute. Determining whether speech qualifies for protection depends on the statement’s context, content, and audience.
For a useful comparison of how Florida’s law stacks up against other states, the Public Participation Project offers a state-by-state map and analysis of anti-SLAPP statutes nationwide.
Why Early Legal Representation Matters
Anyone sued for speaking on a public issue should act quickly. Florida’s anti-SLAPP protections are most effective when invoked early in the case. A prompt motion to dismiss can stop costly discovery and prevent a meritless lawsuit from advancing.
An attorney experienced in defamation defense and First Amendment law can analyze whether the statute applies, file the appropriate motion, and seek attorney’s fees if the court determines the plaintiff acted in bad faith. Acting quickly helps prevent unnecessary stress and expense while defending the right to participate in public discourse.
The American Bar Association provides an accessible explanation of how SLAPP lawsuits work and how defendants can identify them early.
The Limits of Florida’s Law
Florida’s anti-SLAPP statute is narrower than those in states like California or Washington. It requires a clear connection to public participation or government proceedings and does not automatically pause discovery when a motion is filed. This means litigation costs can continue unless the court intervenes.
Despite these limits, the law remains a valuable safeguard. It reflects Florida’s intent to promote open, honest debate and discourage misuse of the courts to suppress speech.
The Florida Senate Bill Analysis provides insight into how the statute was designed to strengthen citizen participation while protecting legitimate legal claims.
What This Means for You
If you have been threatened or sued for your comments, publications, or advocacy on a public issue, you may be protected under Florida’s anti-SLAPP law. Contacting an attorney early allows a proper evaluation of your options and helps determine whether an early motion to dismiss can end the case before it escalates.
At George Law, our attorneys represent clients in both Florida and federal courts and understand how to use the state’s procedural and constitutional protections to defend free expression. Speaking out on matters of public importance is a right guaranteed by both the U.S. Constitution and the Florida Constitution. Florida’s anti-SLAPP statute reinforces that right by ensuring no one is silenced through intimidation or legal harassment.
For additional context on free-speech rights and court protections, visit the Knight First Amendment Institute at Columbia University, which researches and advocates for open public dialogue.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance regarding your specific circumstances, consult a licensed attorney.
FAQs: Florida’s Anti-SLAPP Law
- What is Florida’s anti-SLAPP law?
Florida’s anti-SLAPP statute, found at Florida Statutes §768.295, prohibits lawsuits that are filed mainly to punish someone for exercising free-speech rights on public issues. It allows defendants to seek early dismissal and recover attorney’s fees when sued over protected speech. - What types of speech are protected under Florida’s anti-SLAPP law?
The law protects statements made in connection with public issues or participation in government processes — such as testifying at hearings, writing to officials, or commenting publicly about civic or policy matters. - Does Florida’s anti-SLAPP law apply to online speech?
Yes. Florida’s protections extend to online posts, reviews, and social-media commentary if the content addresses a public issue rather than a purely private dispute. - What happens if I win an anti-SLAPP motion in Florida?
If the court finds that a lawsuit was primarily intended to chill free speech, it can dismiss the case and order the plaintiff to pay your reasonable attorney’s fees and court costs. - Are all defamation lawsuits considered SLAPPs?
No. A defamation claim is not a SLAPP simply because it targets speech. Courts distinguish between legitimate defamation claims based on false statements and SLAPPs intended to silence lawful opinion or criticism. - How is Florida’s anti-SLAPP law different from other states’?
Florida’s statute is narrower than laws in states like California or Washington. It focuses on speech related to public participation or government issues and does not automatically pause discovery while the motion is pending. - What should I do if I’m sued for speaking about a public issue in Florida?
Contact an attorney immediately. A lawyer experienced in First Amendment and defamation defense can evaluate whether the anti-SLAPP statute applies, file a motion to dismiss, and request recovery of fees if the claim was intended to suppress your speech.