SLAPP 101: A Legal Weapon for the Right—and Wrong—Reasons
California’s anti-SLAPP statute—Code of Civil Procedure §425.16—was enacted to dismiss meritless lawsuits targeting protected speech or petition activity. “SLAPP” stands for Strategic Lawsuit Against Public Participation.
But what if the lawsuit isn’t strategic or frivolous? What if it’s based on false, damaging, and sexually explicit claims stated as fact?
That’s where the law gets complicated—and where West’s words could come back to haunt him.
Hypothetical Venue: Why California Matters
Let’s be clear: Taylor Swift can file in any jurisdiction with personal jurisdiction over West and where the harm occurred. If she filed in California, where West resides and where many of his statements were published or disseminated, §425.16 would apply.
The Two-Part Anti-SLAPP Test (Baral v. Schnitt)
California courts follow a two-pronged test established by Baral v. Schnitt (2016) 1 Cal.5th 376:
- Step One – Protected Activity?
West would argue his speech is connected to a “public issue,” since it involves celebrities—a classification generally qualifying under CCP §425.16(e)(3)-(4). The statute protects:- Statements “in a public forum in connection with an issue of public interest.”
- “Any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue.”
But courts don’t stop there. The speech must be tethered to an actual debate or matter of public concern—not just a celebrity’s name.
In Weinberg v. Feisel (2003) 110 Cal.App.4th 1122, the court held that mere references to a public figure don’t meet the public interest requirement unless the statements themselves relate meaningfully to public discourse.
In Taus v. Loftus (2007) 40 Cal.4th 683, the California Supreme Court affirmed that false claims of sexual conduct—even involving public figures—can be defamatory and actionable.
West’s alleged comments—stating as fact that Swift, Bieber, and Styles engaged in a threesome—are verifiably false, highly specific, and lack a broader societal context. The claims do not concern political speech, artistic expression, or commentary—making Step One of the SLAPP test questionable at best.
