California, United States of America
The following excerpt is from Un Hui Nam v. Regents of the Univ. of Cal., 1 Cal.App.5th 1176, 205 Cal.Rptr.3d 687 (Cal. App. 2016):
The victim of abusive litigation designed to chill the exercise of rights under the First Amendment to the United States Constitution can bring a special motion to strike the so-called SLAPP pursuant to section 425.16 of the Code of Civil Procedure. (People ex rel. Fire Ins. Exchange v. Anapol (2012) 211 Cal.App.4th 809, 821, 150 Cal.Rptr.3d 224.) The anti-SLAPP statute provides: A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. (Code Civ. Proc., 425.16, subd. (b)(1).)
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