Does the anti-SLAPP statute protect a person's right of petition or free speech?

California, United States of America


The following excerpt is from Shi v. Hua, B277252 (Cal. App. 2018):

The anti-SLAPP statute protects "any act . . . in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue." ( 425.16, subd. (b)(1).) Such acts include "any written or oral statement or writing made in connection with an issue under consideration or review by a . . . judicial body . . . ." ( 425.16, subd. (e)(2).) Thus, "statements, writings and pleadings in connection with civil litigation are covered by the anti-SLAPP statute, and that statute does not require any showing that the litigated matter concerns a matter of public interest. [Citations.]" (Rohde v. Wolf (2007) 154 Cal.App.4th 28, 35; see also Rusheen, supra, 37 Cal.4th at p. 1056 [protected activity under 425.16 includes "communicative conduct such as the filing, funding, and prosecution of a civil action"].)

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