Massachusetts Supreme Court Revamps Speech Retaliation Approach

Feb. 29, 2024, 5:35 PM UTC

People hit with retaliatory lawsuits after exercising their First Amendment rights are expected to face a simpler process for defeating meritless cases, under a revised framework the Massachusetts Supreme Judicial Court issued Thursday.

The justices altered their criteria for applying the state’s anti-SLAPP law—which seeks to prevent what are known as strategic lawsuits against public participation—in two opinions over a land dispute and a permitting disagreement. The law is meant to create a quick and cheap way for courts to throw out meritless lawsuits that were filed to retaliate against people for exercising their First Amendment rights.

The guidance aims ...

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