What is the burden of proving that a defendant made in connection with a public issue is in violation of the Defendant's right to free speech?

facie showing that the plaintiff's suit arises from an act by the defendant made in connection with a public issue in furtherance of the defendant's right to free speech under the United States or California Constitution." Batzel v. Smith, 333 F.3d 1018, 1024 (9th Cir. 2003). Second, "[t]he burden then shifts to the plaintiff to establish a reasonable probability that the plaintiff will prevail on his or her [] claim." Id.

An "act in furtherance of a person's right of petition or free speech" includes: