Subject Line: Ohio’s New Law That Protects People From Retaliatory Lawsuits

by Attorney Austin Warehime

Many people don’t realize that lawsuits are sometimes filed not to win damages—but to intimidate someone into silence.

These cases are often called SLAPP lawsuits (Strategic Lawsuits Against Public Participation). They may arise after someone posts a review, speaks at a public meeting, reports misconduct, or publicly criticizes a business or organization.

Recognizing the risk these lawsuits pose to free speech, Ohio recently adopted an Anti-SLAPP law designed to address this issue.

The law allows courts to review certain cases early in the process when the lawsuit involves speech or participation on matters of public interest. In some situations, the court may dismiss the case early if it determines the claim does not have sufficient legal merit. In addition, the person defending the lawsuit may be able to recover attorney fees and litigation costs.

This law is intended to protect individuals from lawsuits that are used primarily as a tool of intimidation rather than a legitimate legal claim.

Because this law is still new in Ohio, courts are just beginning to interpret how it will be applied in real cases. Early experience and strategic use of the law can play an important role in these matters.

If you or someone you know has been sued after speaking out—whether through a review, public comment, reporting misconduct, or community advocacy—it may be important to understand whether Ohio’s Anti-SLAPP protections could apply.

If you have questions about Ohio’s new Anti-SLAPP law or believe you may be facing a retaliatory lawsuit, our team would be happy to discuss your situation.