What is an Anti-SLAPP Motion?
An anti-SLAPP (Strategic Lawsuit Against Public Participation) motion is a legal tool designed to prevent people from using courts to intimidate others from exercising their rights to free speech and public participation. The motion can quickly halt lawsuits that aim to stifle protected speech. But not every statement qualifies, and in this case, Susan Bassi’s attempt to use an anti-SLAPP motion to shield her emails was unsuccessful.
Free Speech and Domestic Violence Restraining Orders (DVROs)
In Bassi v. Bassi, Susan Bassi argued that her emails to Robert were protected free speech and part of her right to discuss impending legal action. She intended to file a federal RICO action against Robert, accusing him and others of misconduct. However, Robert contended that her emails were harassing, disturbed his peace, impacted his business, and hurt his community standing.
When does free speech cross the line? Courts generally protect adults’ rights to communicate—even passionately. But in cases involving DVROs, communication that consistently targets, pressures, or intimidates an individual may be deemed harassment rather than free speech. Here, the court ruled that Susan’s emails disrupted Robert’s peace enough to justify a DVRO, deeming some of her communications to fall outside the protections of the First Amendment.
