Participated in an amicus brief (with other amici) filed with the U.S. Court of Appeals for the Fifth Circuit in Van Dyke v. Retzlaff. The brief argues that the Texas Citizens’ Participation Act (“TCPA”) should apply in federal court. The news media have a strong interest in ensuring that statutory protections against frivolous lawsuits intended to chill and silence speech – so-called “strategic lawsuits against public participation,” or “SLAPP” suits – apply in federal courts. These protections, such as the TCPA “anti-SLAPP” statute, help ensure a robust and unfettered exchange of ideas as envisioned by the First Amendment. Accordingly, the brief urges the appellate court to reverse the district court’s ruling and hold that the TCPA applies in federal court. [2018]
