Gavin Howe
Illinois has anti-SLAPP laws in place, which immunize citizens from civil liability for acts in furtherance of their constitutional rights to petition, speech, association, and participation in government. The Illinois anti-SLAPP statute, also known as the Citizen Participation Act (CPA), allows citizens to file a special motion to strike or dismiss a complaint filed against them on the basis of these protected acts. However, there are exceptions to the speech covered, and it is still unclear how the state's Supreme Court will interpret the amended law and its previous exceptions.
| Characteristics | Values |
|---|---|
| Scope of the statute | Covers acts in furtherance of constitutional rights to petition, speech, association, and participation in government |
| Exceptions | Speech not aimed at procuring a favorable government outcome is not covered |
| Motion to dismiss | Defendants can file a special motion to dismiss a claim arising from the exercise of their constitutional rights |
| Court ruling | If the court rules in favor, it will dismiss the plaintiff's case and award attorneys' fees and court costs to the defendant |
| Plaintiff's evidence | The plaintiff must show "clear and convincing evidence" that the defendant's acts were not in furtherance of their constitutional rights and thus not immune from liability |
| Defendant's evidence | The defendant must show they were engaged in protected activity and that the lawsuit is meritless and in retaliation for the protected activity |
| Anti-SLAPP motion | Discovery is suspended once filed, and all other proceedings in the litigation are stayed |
| Appeal | The respondent can file an expedited appeal if the motion is denied |
| SLAPPback claim | Illinois does not explicitly recognize a SLAPPback claim, but a claim for malicious prosecution may be possible |
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What You'll Learn
Illinois's anti-SLAPP law, the Citizen Participation Act (CPA)
Illinois has a good anti-SLAPP law, known as the Citizen Participation Act (CPA) or the Illinois Citizen Participation Act (ICPA). The CPA allows a party who believes they have been subjected to a SLAPP suit to file a motion to strike or dismiss a complaint brought against them for the exercise of their rights to petition, speech, association, and participation in government. The court must hear the motion within 90 days of filing, and it must be granted unless the plaintiff can show by "clear and convincing evidence" that the defendant's acts were not in furtherance of these rights.
The Illinois anti-SLAPP law immunizes acts in furtherance of the constitutional rights to petition, speech, association, and participation in government, regardless of intent or purpose, except when not genuinely aimed at procuring a favorable government outcome. This exception has been a point of concern, as it is unclear how the state's Supreme Court will interpret the amended law, and it places a burden on speakers to prove that their speech falls within the scope of the law's protection.
The CPA provides for a speedy decision on motions to dismiss and allows for an expedited appeal if the motion is denied. It also suspends discovery once an anti-SLAPP motion is filed. Revisions to the law in 2025 clarified that filing an anti-SLAPP motion will stay "all other proceedings" in the litigation.
While Illinois has made efforts to improve its anti-SLAPP protections, the statute still falls short of the Uniform Law Commission's model law, the Uniform Public Expression Act (UPEPA). The 2025 revisions appear to expand the statute's coverage, but it remains to be seen if it will provide adequate safeguards for constitutionally protected speech.
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CPA's scope of speech
Illinois has an anti-SLAPP law that immunises individuals from civil liability for acts in furtherance of their constitutional rights to petition, speech, association, and participation in government. The law does not define these acts, but it has been applied to protect news coverage. The Illinois anti-SLAPP law allows defendants to move to dismiss claims arising from the exercise of their constitutional rights.
The scope of speech protected by anti-SLAPP statutes varies across different states. Some states, like California, offer expansive protections for speech on matters of public interest, while others, like Florida, have more limited protections that apply primarily to speech during government proceedings or public petitioning. The strongest anti-SLAPP statutes protect broad sectors of speech made in any forum and on any matter of public concern.
The Uniform Law Commission's Model Act, which Illinois has not adopted, protects any speech about a matter of public importance in any forum. This model has been recommended as a way to strengthen Illinois' anti-SLAPP law.
The 2025 revisions to Illinois' anti-SLAPP law appear to expand the statute's coverage, but it is unclear how the state's Supreme Court will interpret the amended law. It will likely take many years of litigation to determine whether the new law provides adequate safeguards for constitutionally protected speech.
CPAs, like any other individual or entity, can benefit from anti-SLAPP laws when facing meritless lawsuits targeting their protected speech. These laws allow for early dismissal of such lawsuits, minimising legal expenses and protecting free expression. However, the specific protections available to CPAs depend on the state's anti-SLAPP statute and its interpretation by the courts.
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CPA's applicability to law firm blog posts
Illinois's anti-SLAPP law protects individuals from civil liability for exercising their constitutional rights to petition, speech, association, and participation in government. The law is applicable to news coverage, as demonstrated in the case of Ryan v. Fox Television Stations, Inc. in 2012. The statute does not define the specific acts covered, and it includes an exception for speech that is not aimed at achieving a favourable government outcome. The 2025 revisions to the law have expanded its scope, but the interpretation by the state's Supreme Court remains to be seen.
Now, regarding CPAs' applicability to law firm blog posts, it is essential to understand the role of CPAs in the legal field. CPAs, or Certified Public Accountants, can bring valuable expertise to law firms, especially in areas like tax law, tax controversy, tax planning, and estate planning. Their knowledge of accounting and financial matters can be a significant asset to law firms and their clients.
When it comes to blog posts, CPAs can contribute by providing insightful content that showcases their expertise. Blog posts are a common marketing tool for law firms to attract potential clients and establish themselves as thought leaders in the legal industry. CPAs can author or co-author these blog posts, offering educational and informative content related to their area of specialization.
For example, a CPA with a background in tax law can write blog posts that explain complex tax regulations, offer strategies for tax planning, or provide insights into recent tax law changes. This not only showcases the CPA's knowledge but also provides valuable information to readers, helping them navigate their own legal or financial situations.
Additionally, CPAs can collaborate with lawyers within the firm to create comprehensive blog posts that address legal topics from both a legal and financial perspective. This multi-disciplinary approach can make the blog posts more engaging and practical for readers who are seeking well-rounded guidance.
In conclusion, CPAs can enhance the content of law firm blog posts by contributing their specialized knowledge and providing valuable insights that go beyond a purely legal perspective. By incorporating CPAs' expertise, law firms can offer readers a more holistic understanding of complex legal and financial matters.
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CPA's applicability to defamation suits
Illinois's anti-SLAPP law protects citizens' constitutional rights to petition, speech, association, and participation in government. The law grants defendants the ability to move to dismiss claims that arise from the exercise of these rights.
Now, Certified Public Accountants (CPAs) may find themselves facing defamation suits for negligence, breach of contract, or fraud. Negligence, in this context, refers to the failure to exercise due professional care, which can result in wrongful acts, injuries, or damages. CPAs can be sued by both clients and third parties for negligence, which can be categorized as ordinary or gross negligence.
In the context of CPAs' applicability to defamation suits, it's important to understand the potential sources of liability. CPAs may be liable for damages based on common law, statutory law, or both, depending on the jurisdiction. Common law liability arises from negligence, breach of contract, and fraud, while statutory law liability stems from specific statutes or laws applicable to society.
CPAs can potentially invoke the protection of anti-SLAPP laws if their speech or expression falls within the scope of the anti-SLAPP statute. For example, if a CPA expresses an opinion or judgment that is deemed defamatory but is in furtherance of their right to free speech, they may be able to seek protection under anti-SLAPP laws. However, it's important to note that the interpretation and applicability of anti-SLAPP laws can vary across jurisdictions.
To determine the applicability of anti-SLAPP laws in defamation suits involving CPAs, several factors come into play. Firstly, the specific wording and scope of the anti-SLAPP statute in the relevant jurisdiction are crucial. The definition of "speech" and any exceptions mentioned in the statute will impact whether a CPA's statements or opinions are covered. Secondly, the nature of the defamation suit matters. If a CPA's statements are genuinely aimed at procuring a favorable government action, result, or outcome, they may be more likely to fall within the protection of anti-SLAPP laws. Lastly, the evidence presented by both the plaintiff and the defendant will be critical. To prevail against an anti-SLAPP motion, the plaintiff must provide clear and convincing evidence that the CPA's acts are not immunized from liability and fall outside the scope of protected speech or expression.
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CPA's applicability to malicious prosecution claims
Illinois has an anti-SLAPP law that protects citizens from civil liability for exercising their constitutional rights to free speech, petition, association, and participation in government. This law is designed to protect citizens from meritless lawsuits that aim to intimidate or silence them. The Illinois anti-SLAPP law gives defendants the right to file a motion to dismiss claims arising from the exercise of these constitutional rights.
The applicability of anti-SLAPP laws to malicious prosecution claims is a complex issue that has been the subject of recent court cases. Malicious prosecution claims typically arise when an individual alleges that they have been prosecuted without probable cause, and as such, their Fourth Amendment rights have been violated. The Seventh Circuit Court, which includes Illinois, has historically treated malicious prosecution claims as non-cognizable, stating that there is no constitutional right not to be prosecuted without probable cause.
However, the Seventh Circuit's approach has been called into question by recent Supreme Court cases. In Thompson v. Clark, the Supreme Court recognized the possibility of a claim for malicious prosecution under § 1983, referring to it as a claim for unreasonable seizure pursuant to legal process. The Court's rationale focused on the wrongful initiation of charges without probable cause, which is the essence of malicious prosecution.
The Supreme Court's decision in Chiaverini v. City of Napoleon, Ohio, further addressed the issue of federal malicious prosecution claims. The Court considered two approaches: the "charge-specific" rule and the "any-crime" rule. The "charge-specific" rule states that probable cause must exist for each specific charge brought against an individual, while the "any-crime" rule states that the existence of probable cause for any charge is sufficient to dismiss malicious prosecution claims. The Court's eventual decision in this case could lead to a uniform approach to governing and defending against federal malicious prosecution claims.
While the Illinois anti-SLAPP law provides protection for citizens exercising their constitutional rights, it does not specifically mention malicious prosecution claims. The scope of the law's speech coverage and how it will be interpreted by the state's Supreme Court remain to be seen. It is important to note that anti-SLAPP laws and malicious prosecution claims involve complex legal issues, and the specific facts and circumstances of each case will determine the applicability of these laws.
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Frequently asked questions
Yes, Illinois has anti-SLAPP laws.
Illinois' anti-SLAPP laws cover acts in furtherance of constitutional rights to petition, speech, association, and participation in government. However, there is an exception for speech that is not aimed at procuring a favorable government outcome.
If someone believes they have been the subject of a SLAPP lawsuit, they can file a special motion to strike or dismiss the complaint, arguing that the plaintiff is suing them for acts in furtherance of their constitutional rights.
If the court grants the motion to dismiss, the lawsuit is dismissed, and the defendant is entitled to recover their attorneys' fees and court costs incurred in connection with the motion.
