Freedom of Speech and Understanding SLAPP (Strategic Lawsuits Against Public Participation)
Lubna K. Jahangiri, Esq. and Jessica Daniel, Legal Intern Co-Authors
October 8, 2021
Since the inception of the United States as a nation, the freedoms of speech and petition have been legally protected rights. However, throughout time, there have been different mechanisms employed to prevent individuals from being able to fully utilize their First Amendment rights and speak out without consequence. Strategic Lawsuits Against Public Participation (SLAPP) are becoming an increasingly popular tool used by individuals or corporations to intimidate or censor those considered to be opponents and prevent their perspectives from being heard. The objective of SLAPP suits is to “chill participation through the abuse of the judicial process.” Filers of SLAPP suits often create cases that revolve around broad claims that are difficult to support, such as malicious prosecution or intentional infliction of emotional distress. This demonstrates that the goal of SLAPP suits is not to win. Rather, the true purpose is to drag out legal proceedings in order to cause harm to defendants in regard to their reputations and financial resources as well as dissuade others from engaging in similar actions in the future.
In SLAPP cases, the burden of proof falls on plaintiffs, as they must demonstrate that defendants knowingly made claims that were false, which is often challenging to prove. Additionally, SLAPP suits can be difficult to identify, as lawyers often go to great lengths to make these claims appear legitimate, despite a lack of substantial evidence. As a result of these two factors, SLAPP suits are considered serious threats to a free discourse, which is an essential component of a democratic society.
California was the first state to create a law designed to counter the problematic nature of SLAPP suits. Known as an Anti-SLAPP law, this type of legislation is designed to protect the freedoms that SLAPP suits put in jeopardy while preserving the integrity of the judicial process. In 1992, California passed the California Code of Civil Procedure Section 425.16, which states that “it is in the public interest to encourage continued participation in matters of public significance,” without “abuse of the judicial process.” As a result, it allows for causes of action against an individual arising out of his or her exercise of his or her constitutional rights of free speech and petition to be dismissed through a special motion to strike. Once the special motion to strike is filed, the process of discovery is halted. This benefits the defendant remarkably, as it prevents him or her from wasting significant time and money on the baseless claims that SLAPP suits typically present.
In order to determine whether a case is eligible for a special motion to strike, California established a two part test. The first requirement is that the defendant must prove that the lawsuit is based on a protected activity as defined by CCP 425.16 (e). These include “any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law, any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest, or any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.”
The second element of the test is to determine whether the defendant or plaintiff is more probable to prevail on the claim. If the plaintiff is not likely to prevail as determined by the court, the motion to strike is granted. Defendants who prevail on the motion to strike are often granted attorney fees and related costs. Plaintiffs may be awarded attorney fees if the court determines that the special motion to strike was done solely to create an unnecessary delay of the judicial process. In California, the Anti-SLAPP law allows for a broad interpretation, demonstrating how important the freedom of speech and petition are to democracy and how they are often linked.
Jahangiri Law Group is a law firm located in San Ramon, California which has successfully filed and defended anti-SLAPP motions. Call us at 925-574-0100 for a complimentary 15-minute consultation.
JLG had a funtabulous time at the Bar Benefit Impact Awards! It was a wonderful evening supporting an important cause, with funds raised helping provide pro bono legal assistance to seniors in our community. We were honored to celebrate, connect, and support an organization making a meaningful impact for those who need it most.
Today is the last day of our summer intern, Amelie Zuberi, a student at the University of Edinburgh, and we want to recognize her outstanding contributions to our office this summer. Amelie approached every assignment with enthusiasm, professionalism, and a willingness to learn. Her work spanned a remarkable range of responsibilities, from shredding files and organizing our printer room to reviewing a commercial lease, conducting legal research, drafting a demand letter, and preparing blog content. No task was beneath her, and every task received the same level of care and attention. What impressed us most was that Amelie consistently performed well beyond what is typically expected of a summer intern. She is sharp, efficient, highly motivated, reliable, and eager to take on new challenges. Her strong work ethic and positive attitude made her a valuable member of our team. We are grateful for all of her hard work and will greatly miss having her in the office. We wish Amelie continued success in her studies and future career, and we hope this internship provided a meaningful and rewarding learning experience. Best of luck, Amelie. We look forward to seeing all that you accomplish in the years ahead.
I’m excited to share that I’ve been named to Super Lawyers 2026. This honor means a lot to me, and thank you to my clients, colleagues, and community for your continued support. I’m grateful and humbled.
Jahangiri Law Group is honored to announce that we have been awarded the Silver Medal in the Contra Costa County Bar Association’s 2025 Diversity Awards. This distinction recognizes law firms that demonstrate meaningful commitment to diversity, equity, and inclusion within the legal profession and the broader community. Our advancement from last year’s Bronze Medal to this year’s Silver Medal reflects the continued growth of our initiatives and the dedication of our team to fostering an inclusive and representative workplace. We extend our sincere appreciation to the Contra Costa County Bar Association for this recognition. Jahangiri Law Group remains committed to advancing diversity within our firm, our profession, and the communities we proudly serve.
We were fortunate to have Riya Datla join us as a summer legal intern, and she made a lasting impression from day one. Riya brought an exceptional level of focus, dedication, and professionalism to every task she tackled. Her work ethic was truly remarkable—she consistently worked with minimal guidance, showing initiative and independence. Riya approached each assignment with seriousness and care, demonstrating a deep commitment to learning and contributing meaningfully to our team. Her ability to work autonomously while still being a thoughtful collaborator made her an invaluable part of our summer cohort. We hope this internship was as rewarding for Riya as it was for us. She has a bright future ahead, and we’re excited to see where her legal journey takes her next!
Our firm recently represented a commercial tenant in a dispute involving a long-term lease agreement. The landlord had initiated tenant improvements and asserted that our client was bound to continue under the lease terms. Upon careful review of the lease, we identified critical deficiencies that rendered the lease unenforceable. We promptly communicated our findings to the landlord, and following our intervention, the landlord agreed to release our client from all contractual claims—without litigation. This outcome reflects our commitment to thorough legal analysis and strategic advocacy in complex real estate matters. Note : Prior results do not guarantee a similar outcome. Details have been omitted to protect client confidentiality.
We’re proud to share a recent litigation outcome that showcases our aggressive strategy and unwavering commitment to our client’s defense. In a case involving substantial claims against our client, we mounted a vigorous defense and negotiated a settlement for a fraction of the amount originally demanded. The final resolution was comparable to what our client would have spent solely on expert witnesses—eliminating the need for trial and securing a result that aligned with their goals. Beyond the favorable settlement amount, our approach saved our client hundreds of thousands of dollars in litigation costs, including discovery, expert preparation, and trial expenses. This outcome reflects the power of strategic advocacy and our dedication to protecting our clients’ interests at every stage. Note : Prior results do not guarantee a similar outcome. Details have been omitted to protect client confidentiality.
I’m honored to be recognized in this year’s Super Lawyers list. This acknowledgment reflects the continued trust of my clients and colleagues, and I’m sincerely grateful for their support. I remain committed to delivering thoughtful, effective counsel and advocating with integrity. It’s a privilege to do meaningful work alongside such dedicated professionals.
