At SHK, our commitment to defending constitutional rights and navigating complex litigation is embodied in our exceptional legal team. With the addition of Jeremy Robinson, whose expertise in anti-SLAPP litigation adds to our robust practice, we continue to strengthen our position as leaders in this intricate area of law. Our firm’s deep understanding of anti-SLAPP statutes and their application enables us to effectively represent both private and public entities in these challenging cases.

In his insightful analysis for the Daily Journal, “Limited anti-SLAPP defense for public entities,” Jeremy Robinson examines the complex landscape of California’s anti-SLAPP laws and their application to government entities. The article delves into the fundamental tension between protecting free speech and the broad reach of anti-SLAPP statutes, highlighting how these laws extend far beyond their original intended scope of protecting public participation.

Robinson’s analysis centers on the landmark California Supreme Court decision in City of Montebello v. Vasquez (2016), which addressed the crucial question of when government entities and public employees can invoke anti-SLAPP protections. The case, involving former city council members using anti-SLAPP laws to defend against allegations of improper contract approval, illuminates the broader debate about government entities’ constitutional right to free speech.

The article expertly traces the evolution of California’s unique approach to this issue, beginning with Nadel v. Regents of University of California (1994), which established that public entities can enjoy some free speech protections. This foundation was further built upon in Bradbury v. Superior Court (1996), which recognized government entities as “persons” under anti-SLAPP law, acknowledging that they can only speak through their representatives.

Robinson’s analysis is particularly relevant as thousands of individuals and organizations face SLAPP suits annually, and as federal anti-SLAPP legislation continues to be debated in Congress. His examination of California’s distinctive position on government entities’ free speech rights provides valuable insights for practitioners navigating these complex waters.

Read Jeremy Robinson’s analysis of anti-SLAPP protections and their application to government entities. For inquiries about anti-SLAPP representation or to discuss your legal needs, contact SHK for a case evaluation. 

Source: “Limited anti-SLAPP defense for public entities” – Daily Journal