Protection From Warlords & Celebrities: How Anti-SLAPP Legislation is Making International Headway to Protect Free Speech

Authors

Olivia Augustat, Southern Methodist University, Dedman School of Law

Abstract

Strategic Lawsuits Against Public Participation (SLAPPs) are increasingly being used by powerful individuals and entities to silence dissent and criticism, posing a significant threat to free speech globally. This misuse of legal systems undermines democratic principles by intimidating those who speak out on matters of public interest. My paper argues for the urgent need for effective Anti-SLAPP legislation, focusing on a comparative analysis of the U.S. and European Union (EU) approaches. While the U.S. has a fragmented but largely pro-defendant framework, the EU is moving toward an arguably vaguer but more unified, cross-border solution. This paper takes a unique approach by comparing the strengths and weaknesses of the U.S.’s states legislation, in particular the Texas Citizen’s Participation Act (TCPA), with the EU’s proposed Anti-SLAPP directive, highlighting the potential benefits of combining the U.S.’s detailed, case law-driven approach with the EU’s efforts to create a uniform legal framework. The analysis reveals gaps in both systems and suggests that harmonizing these approaches could provide a more robust defense against SLAPPs globally. By examining how these regions address SLAPPs, this paper contributes to the ongoing discussion about how to best protect free speech in an increasingly interconnected world.

Recommended Citation

Olivia Augustat, Comment, Protection From Warlords & Celebrities: How Anti-SLAPP Legislation is Making International Headway to Protect Free Speech, ILRA Student Forum (2024)