Anti-SLAPP protection

Louisiana’s anti-SLAPP statute is La. Code Civ. Proc. Ann. arts. 971.

Law summary

Louisiana’s law protects speech associated with a public issue. The statute’s scope includes, but is not limited to, speech-related activities, such as communication made before a legislative body or in a public forum.

Legal actions

Louisiana’s anti-SLAPP law defines these steps to protect publishers:

• Special motion to dismiss: A defendant can file a special motion to dismiss within 90 days of the filed action. The motion requires the plaintiff establish they have a probability of success at trial. The law does not include a mechanism to appeal motion-to-dismiss decisions, meaning publishers who are unsuccessful with an anti-SLAPP motion must go through the entire trial process.
• Accelerated hearing: A court shall schedule a hearing for the motion no later than 30 days.
• Stay of discovery: All discovery is stayed following the special motion’s filing until a court order on the motion.
• Attorney fees: A prevailing party is awarded reasonable attorney fees and costs.

Helpful cases

Louisiana courts have evaluated the state’s anti-SLAPP law in several instances. Here are three cases that might be helpful to journalists:

Jeff Hughes v. Capital City Press (2021)

Justice of the Louisiana Supreme Court Jeff Hughes sued Baton Rouge’s The Advocate newspaper for defamation after it published an opinion article accusing Hughes of failing to recuse himself from a 1999 custody case because he had been romantically involved with one of the lawyers involved in the case. The Advocate filed a special motion to strike using the anti-SLAPP law, arguing Hughes failed to show any actual harm, or resulting injury, which is necessary for a defamation claim. A trial court disagreed, finding Hughes did not have to prove he was harmed during the motion-to-strike phase. The Advocate appealed and Hughes sought an increase in the amount of attorney’s fees of $10,000 and requested $7,500 for the defense of the appeal. An appellate court agreed, ruling the opinion article conveyed false factual connotations and granted Hughes additional costs for the defense appeal.

Terrell v. DeRouen (2022)

President of the United Cajun Navy (UCN) Todd Terrell coordinated a search-and-rescue effort for a capsized ship in the Gulf of Mexico in April 2021 by activating the corps of volunteers and raising money to fund supply support. As UCN searched for the missing crewmen, Terrell alleged he was ambushed by several individuals making false claims that UCN was not using donations for supplies and material and demanding that Terrell turn over UCN’s bank statements. Terrell filed a personal protection order toward the most vocal volunteer, Christifer DeRouen, who on a Facebook Live video threatened to inflict bodily harm on Terrell in several separate posts. DeRouen filed an anti-SLAPP motion, arguing his social media posts expressed his political views, opinions, and lawful information to the public. A trial court granted the motion and awarded DeRouen $2,500 in attorney fees. Terrell appealed, and an appellate court held that the posts are unprotected because DeRouen communicated an intent to commit unlawful acts.

Duhe v. Loyola University of New Orleans (2023)

Dr. Sonya Duhe filed for defamation against Loyola University of New Orleans, where she taught for more than a decade, over statements made in a student newspaper. The Maroon newspaper ran a series of articles, editorials, and letters to the editor which made reference to Duhe and allegations of racism made against her by former students. The university filed a special motion to strike, and a trial court denied the motion. The university appealed, and Duhe argued the university is not entitled to file a special motion to strike because it is a juridical person (an organization) with no rights to free speech under the United States or Louisiana constitutions. An appellate court disagreed, writing the Louisiana courts have consistently held that the “persons” who may bring a special motion to strike under Article 971 include both natural and juridical persons.

Legislative activity

Louisiana’s anti-SLAPP provision was originally passed in 1999. In 2004, the legislature amended the statute to make the attorney’s fee provision mandatory to the prevailing party on the motion.

Of note

Louisiana’s anti-SLAPP law received an A- from the Institute for Free Speech.