Understanding Ohio’s Anti-SLAPP Process

by Attorney Austin Warehime

Ohio recently adopted an Anti-SLAPP law designed to protect individuals from lawsuits intended to silence speech or discourage participation in public matters. SLAPP stands for Strategic Lawsuit Against Public Participation, and these lawsuits are often filed not necessarily to win damages, but to intimidate someone into staying quiet.

SLAPP lawsuits can arise in a variety of situations involving public discussion or criticism. For example, someone may face a lawsuit after posting an online review, speaking at a public meeting, reporting misconduct, participating in community activism, or publishing commentary about an issue of public concern. In some cases, the goal of the lawsuit is to create enough legal pressure, expense, or stress that the person being sued decides to retract their statement or stop speaking out.

Ohio’s Anti-SLAPP law was created to address this problem by allowing courts to evaluate certain lawsuits early in the legal process when they involve speech related to matters of public interest.

The process typically begins when a person who has been sued believes the lawsuit is targeting their protected speech or participation. In that situation, the defendant may file what is known as an Anti-SLAPP motion with the court. This motion asks the judge to review the claims at an early stage and determine whether the lawsuit has sufficient legal merit to proceed.

Once the motion is filed, the legal burden shifts to the person who filed the lawsuit. The plaintiff must show that their claim is legally valid and supported by enough evidence to justify moving forward with the case. If the plaintiff cannot meet that standard, the court may dismiss the lawsuit before it proceeds into full litigation.

This early review process is important because it helps prevent individuals from being forced to endure lengthy and expensive lawsuits that may have been filed primarily as a tactic to intimidate or silence them.

Another key feature of Ohio’s Anti-SLAPP law is that it may allow the person defending the lawsuit to recover attorney fees and litigation costs if the court determines that the case was filed improperly to suppress protected speech.

Because Anti-SLAPP motions often involve specific legal deadlines and procedural requirements, it is important for individuals who have been served with a lawsuit related to public speech to act quickly. Early legal evaluation can help determine whether Anti-SLAPP protections may apply.

As Ohio courts continue interpreting and applying this relatively new law, the Anti-SLAPP process will play an important role in protecting the ability of individuals to participate in public discussion without fear of retaliatory litigation.