Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Daniel Novack (left) and Christina Lee. (Courtesy photos)

For nearly three decades, New York—the nation’s media capital—has had one of the country’s least protective Anti-SLAPP statutes. These statutes—designed to protect our First Amendment rights from frivolous litigation—generally [1] impose heightened pleading standards for claims predicated on speech and provide for fee shifting for prevailing defendants.

On Nov. 10, 2020, New York enacted legislation intended to strengthen free speech protections by modifying its nearly 30-year-old Anti-SLAPP law. But the vitality of these new protections will depend heavily on how courts interpret a key concept in the statute—whether a plaintiff’s case has a “substantial basis.”

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Dig Deeper

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

New York Law JournalBook

New York Law Journal, serving the bench and the bar since 1888

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.