Anti-SLAPP Statutes by State
Whether the state has an Anti-SLAPP statute protecting speech, fee-shifting provisions, and the burden plaintiffs must meet to survive a special motion to strike.
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| Statute | Fee-Shifting | Plaintiff Burden |
|---|---|---|
| No | No | N/A |
| No | No | N/A |
| Yes | Yes | Clear and convincing |
| No | No | N/A |
| Yes | Yes | Probability of success |
| Yes | Yes | Probability of success |
| Yes | Yes | Probability of success |
| Limited | No | Public petition only |
| Yes | Yes | Probability of success |
| Yes | Yes | Probability of success |
| Limited | Yes | Government petitions |
| Yes | Yes | Probability of success |
| Yes | Yes | Clear and convincing |
| Yes | Yes | Probability of success |
| No | No | N/A |
| Yes | Yes | Probability of success |
| Yes | Yes | Probability of success |
| Yes | Yes | Probability of success |
| Yes | Yes | Lack of factual support |
| Limited | No | Public petitions |
| Yes | Yes | No reasonable basis |
| No | No | N/A |
| Repealed | No | Struck down 2017 |
| No | No | N/A |
| No | No | N/A |
| No | No | N/A |
| No | No | N/A |
| Yes | Yes | Probability of success |
| No | No | N/A |
| Yes | Yes | Probability of success |
| Yes | Yes | Probability of success |
| Yes | Yes | Substantial basis |
| No | No | N/A |
| No | No | N/A |
| No | No | N/A |
| Yes | Yes | Probability of success |
| Yes | Yes | Probability of success |
| Limited | No | Environmental only |
| Yes | Yes | Probability of success |
| No | No | N/A |
| No | No | N/A |
| Yes | Yes | Probability of success |
| Yes | Yes | Prima facie case |
| Yes | Yes | Probability of success |
| Yes | Yes | Probability of success |
| Limited | Yes | Statements only |
| Yes | Yes | Probability of success |
| No | No | N/A |
| No | No | N/A |
| No | No | N/A |
| Yes | Yes | Likely to succeed |
The proposed federal Uniform Public Expression Protection Act (UPEPA) has been adopted in 14+ states (CO, HI, IN, KS, KY, MO, NJ, OR, UT, WA among others). Existing California (CCP §425.16) and Texas (TCPA) statutes remain the most-litigated. Federal courts split on whether state Anti-SLAPP statutes apply in diversity cases.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.