Rivermeadow Brook Community Association

Anti-SLAPP Protection for Community Activists

Massachusetts General Law Chapter 231, Section 59H protects individuals from "Strategic Litigation Against Public Participation" (SLAPP). The "Anti-SLAPP" law was enacted in 1994 because a real estate developer sued members of a community for signing a petition against granting a permit for the developer's project. The residents successfully defended against the suit, but at considerable expense.

Essentially, the law helps protects your First Amendment rights by allowing SLAPP victims to get a summary judgment that the action brought against him/her is a nuisance" suit aimed at preventing public participation. When the SLAPP victim prevails, his/her attorney costs must be paid by the party brining the action.

If you are being sued for your actions in opposing a development project, consult your attorney about filing an Anti-SLAPP motion.


Links
SLAPP defined on Nolo.com

The California Anti-SLAPP Project website is a good resource for understanding SLAPP. While it is specific to California, the same principles apply in Massachusetts.

The page A Guide to Selected Sources on Anti-SLAPP Law in Massachusetts is a good - but technical - resource on the topic.

The ACLU often files an amicus brief in support of Anti-SLAPP motions.


This page is informational only and should not be taken as legal advice. Consult your attorney.