New CA Court of Appeal Decision Shows Need for Federal Anti-SLAPP Legislation

Oct 06, 11

The California Court of Appeal for the 2nd District issued a decision throwing out a defamation suit that appears to be a blatant SLAPP.  In this case, a university accused a news broadcast of defaming them over a news program entitled “Degree Factory Confers Doctorate Degrees even to Persons who Plagiarize.”  Because no anti-SLAPP motion was filed in the case, it dragged on from January 2008 – October 2011, until the Court of Appeal ultimately ruled that the speech was constitutionally protected.  While it is not clear why an anti-SLAPP motion was not filed in this case, the length of this case shows how long these types of defamation suits can drag on when there is no anti-SLAPP motion filed.  States that have no anti-SLAPP laws continuously see cases of this nature dragging on for years, showing the need for federal anti-SLAPP legislation.

Read the full decision, Yuin University v. Korean Broadcasting System, here:
http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=2&doc_id=1953991&doc_no=B226977&search=number&start=1&query_caseNumber=B226977

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