The Texas anti-SLAPP law: why a weak defamation suit can cost you
Texas lets defendants ask for early dismissal of suits over speech. If they win, the person who sued pays their legal fees.
Suing over an online post in Texas carries a risk many people do not expect. A weak case can end with you paying the other side's lawyers.
What the law is
The Texas Citizens Participation Act protects people who are sued over speech on matters of public concern. That can include online reviews and posts about businesses and public figures.
How it works
The defendant can file a motion to dismiss, generally within 60 days of being served. Most discovery stops. The person who sued must then show clear and specific evidence for each element of the claim.
What is at stake
If the court grants the motion, it dismisses the case and must award the defendant legal fees and costs. It can also order sanctions.
What this means if you were defamed
Prepare the evidence before filing. You should be able to show the exact statement, why it is false, who published it and the harm it caused. A case with that proof in hand can survive a motion.
What this means if you were sued
If you have been sued or threatened over a truthful review or post, this law may give you a fast way out and your costs back. The deadline is short, so get advice as soon as you are served.
This article is general information about the law. It is not legal advice and reading it does not make you a client of the firm. Laws change, so speak to a lawyer about your own situation.