CIVIL PRACTICE, COURTS Civil Practice Act: Prohibit a Civil Litigant from Interposing a Claim for an Improper Purpose Such as to Suppress a Person's Right of Free Speech or Right to Petition Government; Provide for a Motion to Strike or Dismiss That May be Interposed by a Civil Defendant Whose Rights as Above are Infringed by Such a Claim; Include Statements Made in Furtherance of the Right of Free Speech or Right to Petition Government in Connection with an Issue of Public Interest as Privileged Communications that May Not be Used as a Basis for a Libel or Slander Tort Claim

Authors

Georgia State University Law Review

Document Type

Peach Sheet

Abstract

The Act creates a motion to strike and a motion to dismiss for use by defendants whose right to free speech or right to petition government for a redress of grievances related to an issue of public interest or concern is challenged by the interposition of a civil suit. The Act requires the plaintiff and the attorney of record to certify that the claims are not advanced for the purpose of restricting such First Amendment speech. The Act also amends the definition of privileged communications under Georgia's torts of libel and slander to include such speech related to an issue of public interest or concern.

Recommended Citation

Georgia State University Law Review, CIVIL PRACTICE, COURTS Civil Practice Act: Prohibit a Civil Litigant from Interposing a Claim for an Improper Purpose Such as to Suppress a Person's Right of Free Speech or Right to Petition Government; Provide for a Motion to Strike or Dismiss That May be Interposed by a Civil Defendant Whose Rights as Above are Infringed by Such a Claim; Include Statements Made in Furtherance of the Right of Free Speech or Right to Petition Government in Connection with an Issue of Public Interest as Privileged Communications that May Not be Used as a Basis for a Libel or Slander Tort Claim, 13 Ga. St. U. L. Rev. (2012).
Available at: https://readingroom.law.gsu.edu/gsulr/vol13/iss1/16