Anti-SLAPP Defense Under the Texas Citizens Participation Act

A SLAPP (strategic lawsuit against public participation) is a lawsuit filed to punish or silence someone for speaking, petitioning the government, or associating with others. Texas fights back with the Texas Citizens Participation Act (TCPA), Chapter 27 of the Texas Civil Practice and Remedies Code. Grable PLLC uses the TCPA to defend people and businesses sued over protected speech, reviews, social-media posts, reporting, and complaints to the government.

We usually represent defendants, but we evaluate any TCPA motion, whether filing one or defending against one.

What the TCPA Protects

The TCPA applies to a legal action that is based on or in response to a party’s exercise of:

• The right of free speech on a matter of public concern
• The right to petition, such as testifying, filing complaints, or speaking at government meetings
• The right of association

Some claims are exempt under Section 27.010, including certain commercial-speech claims, many DTPA claims, and certain employment and family-law matters. Whether an exemption applies is often the first fight.

How a TCPA Motion Works

• Deadline: the motion to dismiss generally must be filed within 60 days after service of the legal action (§ 27.003(b))
• Discovery is generally stayed while the motion is pending (§ 27.003(c))
• The movant must show the claim is based on or in response to protected activity (§ 27.005(b))
• The plaintiff must then establish by clear and specific evidence a prima facie case for each essential element (§ 27.005(c))
• Even then, the claim is dismissed if the movant establishes a valid defense as a matter of law (§ 27.005(d))

Attorney’s Fees and Appeal

If the court dismisses the claim, it must award the movant court costs and reasonable attorney’s fees, and it may impose sanctions to deter similar suits (§ 27.009(a)). If the motion is frivolous or filed solely for delay, the court may award fees to the other side (§ 27.009(b)). A denial of a TCPA motion can generally be appealed immediately (§ 51.014(a)(12)).

State Court Only

The Fifth Circuit has held that the TCPA does not apply in federal court, so a case filed in or removed to federal court requires a different strategy.

Act Fast

The 60-day deadline runs from service, so contact Grable PLLC as soon as you are served with a lawsuit over something you said, wrote, posted, or reported.