FALL 2021
11
Washington State Passes New Anti-SLAPP Statute By Ambika Kumar, Bruce E. H. Johnson, and Eric M. Stahl
E
ffective July 25, 2021, the state
the exercise of free speech. Like its
of Washington has a new anti-
•
"[E]xercise of the right of freedom
predecessor, Wash. Rev. Code § 4.24.525,
of speech or of the press, the right
SLAPP statute—replacing the version
the new law allows a defendant to file a
to assemble or petition, or the
that the Washington Supreme Court
special motion for expedited relief if the
right of association, guaranteed by
declared invalid in 2015. The statute
claim falls within three categories:
the United States Constitution or
restores important defenses for news organizations, political groups, and
•
other governmental proceeding";
defamation and similar claims.
Act, a modified version of which Washington adopted, is designed to deter meritless litigation that targets
matter of public concern."
executive, judicial, administrative, or
other speakers and publishers against
The Uniform Public Expression Protection
Washington State Constitution, on a
"[C]ommunications in a legislative,
•
"[C]ommunication on an issue under consideration or review in a legislative, executive,
A court must dismiss the lawsuit if it finds the claims subject to the antiSLAPP statute and that either: •
The responding party fails to establish
judicial, administrative, or other
a prima facie case as to each essential
governmental proceeding"; and
element of the cause of action;
