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What the Court Said: Anti-SLAPP Motion Denied

The court’s ruling didn’t come lightly. While some of Susan’s emails were initially protected, others were found to lack sufficient legal protection. This allowed Robert to continue with his DVRO petition. The decision underscores that free speech defenses don’t extend to actions that inflict harm or interfere with an individual’s well-being or livelihood, particularly in domestic cases where the threshold for protection can differ significantly.

For Robert, the denial of Susan’s anti-SLAPP motion means he can now proceed with his DVRO petition and seek additional protections against Susan's alleged harassment. And on the legal costs front, the court ruled that he could recover reasonable costs on appeal and petition for attorney fees at the trial level.

Costs and Consequences of Unsuccessful Anti-SLAPP Motions

In this case, the court also set an important precedent for financial accountability. By denying the anti-SLAPP motion, the court opened the door for Robert to petition for attorney’s fees and legal costs—a potentially hefty bill for Susan. This outcome illustrates the risks for defendants when they assert free speech defenses unsuccessfully in DVRO cases.

Free Speech in Domestic Cases: Where Do We Draw the Line?

This case serves as a lesson in boundaries, not just for parties involved in domestic disputes but also for legal observers. Free speech is a fundamental right, but in the context of ongoing harassment or DVROs, courts are increasingly mindful of actions that may threaten or intimidate others. California law, through cases like Bassi v. Bassi, continues to refine its stance on the limits of speech in domestic matters, setting critical standards for what communications might or might not be protected.

Final Thoughts

For legal professionals, scholars, and the public alike, Bassi v. Bassi offers insights into the complex intersection of free speech and domestic violence law. As courtrooms see more cases like these, it’s essential to remember that while speech may be free, it can still come at a cost when wielded recklessly.

Link to Author’s Bio - Samuel A. Lopez

In re: Bassi v. Bassi 6th Dist. Court of Appeal, No. H049873, Super. Ct. No. 2012FL009065, Santa Clara County, 2024.