French President Emmanuel Macron and His Wife Brigitte Have Filed A 22-Count Defamation Lawsuit Against American Podcaster Candace Owens Over Claims That Brigitte is a man

Delaware’s Limited Anti-SLAPP Protection

Unlike California’s robust anti-SLAPP statute that provides broad protection for speech on matters of public concern, Delaware’s anti-SLAPP law is relatively narrow, protecting individuals only from legal actions involving public petition and participation in land use proceedings. This limited scope leaves Owens with fewer procedural tools to quickly dismiss what critics argue is a Strategic Lawsuit Against Public Participation (SLAPP).

Despite Delaware’s limited anti-SLAPP protections, Owens and her legal team have several potential avenues to challenge this lawsuit:

Constitutional Defenses

The First Amendment provides robust protection for commentary about public figures. Owens could argue that her statements constitute protected opinion or hyperbolic commentary rather than actionable defamatory facts. Courts have historically been reluctant to penalize vigorous debate about public officials.

Jurisdictional Challenges

While the Macrons filed in Delaware due to Owens’ business entities being incorporated there, her legal team could challenge whether Delaware courts have sufficient connection to the alleged harm, particularly since the statements were broadcast nationally.