Texas Supreme Court Confirms Broad Scope Of Anti-SLAPP Law

Back in late 2015, I wrote a five-part series on the Expanding Scope of the TCPA or Texas' Anti-SLAPP law. The Supreme Court of Texas confirmed our analysis last week with its decision in the ExxonMobil v. Coleman confirming that Anti-SLAPP protections can and do apply to internal corporate communications when there is a defamation claim.

ANTI-SLAPP 101

The Texas Anti-SLAPP law is known as the Texas Citizens Participation Act (the "TCPA" found at Tex. Civ. Prac. & Rem. Code at § 27.001, et seq.).

"If a legal action is based on, relates to, or is in response to a party's exercise of the right of free speech, right to petition, or right of association, that party may file a motion to dismiss the legal action." Id. at 27.003(a). A defendant invoking the TCPA must therefore show three elements by a preponderance of the evidence: (1) there is a legal action; (2) "based on, relates to, or is in response to"; and (3) one of the protected activities.

"[A] court shall dismiss a legal action against the moving party if the moving party shows by a preponderance of the evidence that the legal action is based on, relates to, or is in response to the party's exercise of: (1) the right of free speech; (2) the right to petition...