brotherdarkness wrote:Can someone explain the bare bones of what I need to know about anti-SLAPP / First Amendment issues?
Sure, here is the quick down and dirty:
Basically, if a suit attempts to regulate/seek damages related to speech (i.e. extortion, defamation, etc.), you can file an anti-SLAPP motion that the claim/case attempts to seek damages for otherwise permissible/protected speech.
There are 4 bases: (1) The claim seeks damages for speech made during a legislative, judicial, or executive proceeding; (2) It seeks damages for speech relating to a legislative, judicial, or executive proceeding; (3) (THE MOST COMMON) It seeks damages for speech given in a public forum or related to a public matter; or (4) (CATCH ALL) It seeks damages for speech otherwise protected by the 1st Amendment.
So, basically a Constitution/1st Amendment cross-over.
If you prevail and it is determined the that the action was reckless or malicious, you may file a SLAPP-back action for punitives and damages.