Gavin Howe
Missouri has an anti-SLAPP law, which was enacted in 2004. The Missouri anti-SLAPP statute places an absolute hold on discovery activities until all appeals are exhausted. The law only applies to conduct or speech made in connection with a public hearing or public meeting in a quasi-judicial proceeding before a government tribunal or decision-making body. This narrow scope is considered a fundamental flaw in the statute, as it covers too little speech. Unlike most anti-SLAPP laws, Missouri's law does not shift the burden of proof to the respondent. The Missouri Supreme Court has demonstrated this in practice by refusing to hear a $5 million libel and defamation lawsuit.
| Characteristics | Values |
|---|---|
| Does Missouri have an anti-SLAPP law? | Yes |
| Year of enactment | 2004 |
| Scope of speech covered | Narrow |
| Type of claim covered | Monetary damages |
| Burden of proof | Not on the respondent |
| Prima facie case requirement | No |
| Discovery activities allowed | No |
| Standard for deciding motion | Not specified |
| Evidence considered | Not specified |
| Attorney's fees and costs | Imposed on plaintiff if motion is granted and on defendant if motion is frivolous or intended to delay |
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What You'll Learn
- Missouri's anti-SLAPP law only applies to speech made in connection with a public hearing or public meeting
- The law does not shift the burden of proof to the respondent
- Missouri courts are not authorised to permit discovery
- The law does not specify what standard a court will use to decide an anti-SLAPP motion
- The Missouri Supreme Court refused to hear a $5 million libel and defamation lawsuit
Missouri's anti-SLAPP law only applies to speech made in connection with a public hearing or public meeting
Missouri does have an anti-SLAPP law, which was enacted in 2004. However, it is considered narrow in scope and only applies to conduct or speech made in connection with a public hearing or public meeting. This includes any meeting held by a state or local government entity, such as councils, planning commissions, or review boards. The law also covers speech or conduct in a quasi-judicial proceeding before a tribunal or decision-making body.
The Missouri anti-SLAPP statute places an absolute hold on discovery activities from the time a motion is filed until the trial court has ruled on it and all appeals are exhausted. This means that Missouri courts cannot permit discovery, even if the requesting party has a good cause. If the court grants the anti-SLAPP motion, the plaintiff will be responsible for the defendant's attorney's fees and costs, provided the defendant met certain filing deadlines. On the other hand, if the court finds the motion to be frivolous or intended solely to delay, the plaintiff will be awarded attorney's fees and costs.
Unlike other anti-SLAPP statutes, Missouri's law does not shift the burden of proof to the respondent before the court decides on the motion. Any party can request an expedited appeal of an order based on an anti-SLAPP motion and can also appeal if the court fails to rule on the motion promptly. However, Missouri caselaw suggests that interlocutory appeals of the denial of an anti-SLAPP motion may not be allowed.
One criticism of Missouri's anti-SLAPP law is that it covers too little speech. For example, it does not include a clear right to an interlocutory appeal for an anti-SLAPP motion, which is a feature of most other anti-SLAPP laws. Additionally, Missouri's law does not place the burden of proof on the plaintiff to show a prima facie case, which is considered a serious deficiency. As a result, some have argued that Missouri should expand the scope of its anti-SLAPP law to cover a broader range of speech and include additional protections.
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The law does not shift the burden of proof to the respondent
Missouri has an anti-SLAPP law that was enacted in 2004. This law only applies to speech or conduct made in connection with a public hearing or public meeting in a "quasi-judicial proceeding" before a government "tribunal or decision-making body". The Missouri anti-SLAPP statute places a hold on discovery activities until all appeals regarding the motion are exhausted. Unlike many other anti-SLAPP statutes, Missouri's law does not shift the burden of proof to the respondent at any point before the court decides whether to grant or deny the motion. This is considered a serious deficiency in the statute.
In most anti-SLAPP cases, when an anti-SLAPP motion is filed, the burden of proof shifts between the parties, impacting the outcome of the case. The defendant must first demonstrate that the plaintiff's lawsuit stems from an activity protected by free speech rights, typically involving matters of public interest or the exercise of constitutional rights. Once this burden is met, the plaintiff must then establish a probability of success on the merits of the case by presenting legally valid evidence supported by facts.
The standard of proof that a respondent must satisfy to defeat an anti-SLAPP motion varies among jurisdictions. For example, in California and Georgia, the respondent must show a probability of prevailing at trial. In Massachusetts, the respondent must show that the movant's actions caused actual injury to the plaintiff and that those actions lacked reasonable factual support or any arguable basis in law. Arizona's statute, revised in 2022, requires the defendant filing an anti-SLAPP motion to show that the lawsuit was substantially motivated by a desire to deter or retaliate against the lawful exercise of a constitutional right.
The burden of proof in anti-SLAPP motions is crucial as it protects individuals from lawsuits intended to silence free speech. If the defendant successfully shifts the burden and wins the motion, they may be entitled to recover attorney's fees and costs, discouraging plaintiffs from pursuing frivolous lawsuits.
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Missouri courts are not authorised to permit discovery
Missouri does have an anti-SLAPP (Strategic Lawsuit Against Public Participation) law, which was enacted in 2004. However, the Missouri anti-SLAPP statute places an absolute hold on discovery activities from the time the motion is filed until the trial court has ruled on it and all appeals regarding it are exhausted. This means that Missouri courts are not statutorily authorised to permit discovery, even if the requesting party can demonstrate a valid reason for it.
Missouri's anti-SLAPP law only applies to conduct or speech made in connection with a public hearing or public meeting in a "quasi-judicial proceeding" before a government "tribunal or decision-making body." This includes any meeting held by a state or local governmental entity, such as meetings or presentations before state, county, city, town, or village councils, planning commissions, or review boards.
The Missouri Supreme Court has demonstrated its commitment to upholding this law by refusing to hear a $5 million libel and defamation lawsuit filed by Fred Weber Inc. against an Oakville resident. Additionally, the state's intermediate appellate court has held that the underlying claim must be for monetary damages and not declaratory or injunctive relief.
While Missouri's anti-SLAPP law provides important protections, it has been criticised for covering too little speech. Unlike the Uniform Law Commission's model law, Missouri's statute does not protect speech about matters of public importance in any forum. Additionally, Missouri's law does not shift the burden of proof to the respondent on an anti-SLAPP motion, and it does not require the plaintiff to show a prima facie case, which are considered deficiencies in the statute.
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The law does not specify what standard a court will use to decide an anti-SLAPP motion
Missouri does have an anti-SLAPP law, which was enacted in 2004. The Missouri anti-SLAPP law is narrow in scope and only applies to conduct or speech made in connection with a public hearing or public meeting in a "quasi-judicial proceeding" before a government "tribunal or decision-making body". This includes any meeting held by a state or local governmental entity, such as meetings of or presentations before state, county, city, town, or village councils, planning commissions, or review boards.
The Missouri anti-SLAPP statute also places a hold on discovery activities from the time the motion is filed until the trial court has ruled on it and all appeals are exhausted. This means that Missouri courts cannot authorize discovery, even if the requesting party has a good cause. This feature of the Missouri anti-SLAPP law is intended to relieve defendants of the burden of going through the costly and lengthy discovery process for a claim that may have no merit.
The Missouri anti-SLAPP law has been criticized for covering too little speech. For example, it does not include a clear right to an "interlocutory" appeal, which is a request to a higher court to decide an issue immediately. The inclusion of this right is considered an important feature of an anti-SLAPP law. Overall, while Missouri does have an anti-SLAPP law in place, it has some limitations and could be improved by expanding the scope of protected speech and including a right to an interlocutory appeal.
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The Missouri Supreme Court refused to hear a $5 million libel and defamation lawsuit
Missouri does have an anti-SLAPP (Strategic Lawsuit Against Public Participation) law, which was enacted in 2004. The law protects speech or conduct undertaken at, or made in connection with, a public hearing or public meeting, or in a quasi-judicial proceeding before a tribunal or decision-making body. However, the scope of the law is considered narrow and limited. It only applies to speech or conduct in connection with a public hearing or meeting in a quasi-judicial proceeding.
The Missouri Supreme Court refused to hear Fred Weber Inc.’s $5 million libel and defamation lawsuit against an Oakville resident. While the specifics of this case are not publicly available, it is likely that the Missouri Supreme Court refused to hear the case because it did not meet the narrow criteria of Missouri's anti-SLAPP law.
Missouri's anti-SLAPP statute places an absolute hold on discovery activities from the time a motion is filed until the trial court has ruled on it and all appeals are exhausted. Missouri courts are not authorized to permit discovery, even with good cause. The statute does not specify the standard or evidence a court will use to decide on an anti-SLAPP motion. If the court grants the motion, the plaintiff will be responsible for attorney's fees and costs, assuming the defendant met filing deadlines. If the motion to dismiss is deemed frivolous or intended to delay, the court will award attorney's fees and costs to the plaintiff.
The Missouri anti-SLAPP law has been criticized for its limited scope. Unlike other states' laws, it does not shift the burden of proof to the respondent before the court decides on the motion. Additionally, it does not include a clear right to an "interlocutory" appeal, which is a request for a higher court to decide on a specific issue immediately. The Uniform Law Commission's model law, which Missouri's law is based on, protects speech about matters of public importance in any forum. Expanding Missouri's law to include this provision would improve its grade from a C to a B+.
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Frequently asked questions
Yes, Missouri enacted an anti-SLAPP law in 2004.
Missouri's anti-SLAPP law covers speech or conduct made in connection with a public hearing or public meeting in a "quasi-judicial proceeding" before a government "tribunal or decision-making body".
Missouri's law places an absolute hold on discovery activities until all appeals are exhausted, and it does not shift the burden of proof to the respondent. The law also provides for the recovery of attorney's fees and costs for the prevailing party on an anti-SLAPP motion.
Critics argue that Missouri's law covers too little speech and does not include a clear right to an "interlocutory" appeal for an anti-SLAPP motion. The law also does not place the burden of proof on the plaintiff, which is considered a serious deficiency.
Yes, the Missouri Supreme Court refused to hear a $5 million libel and defamation lawsuit filed by Fred Weber Inc. against an Oakville resident. This suggests that the state's anti-SLAPP law was successfully invoked to dismiss the meritless lawsuit.
