Anti-SLAPP protection

Mississippi does not have an anti-SLAPP law.

Helpful cases

Mississippi courts have never explicitly referred to a SLAPP in a decision. Cases concerning frivolous, malicious, or nuisance defamation lawsuits, particularly regarding news organizations, are equally rare. These three cases, however, contribute some options for victims of SLAPP lawsuits. They are particularly interesting because, in each case, the court discussed Rule 11(b) of the Mississippi Rules of Civil Procedure, which allows for monetary sanctions for filing frivolous and harassing lawsuits.

Herbert v. Herbert (2023)

In dismissing a defamation lawsuit filed by a husband against his estranged wife, a Mississippi appeals court emphasized, “Portions of this lawsuit were entirely frivolous. Mark promised to cause Nina ‘pain and embarrassment,’ and this lawsuit was an attempt to do just that.” The court, in other words, highlighted, more than once, the lawsuit’s purpose was not necessarily to win a legal victory but to harm and diminish another party. In addition to dismissing the lawsuit, the appeals court discussed Rule 11(b), ordering a lower court to consider whether the husband would have to pay his wife’s legal expenses after pursuing a frivolous lawsuit.

Neilson v. Dawson (2014)

A former FBI agent sued an author and book publisher for defamation regarding claims made in a new book. A trial court granted summary judgment in favor of the author and publisher. When the former FBI agent appealed, a Mississippi appeals court evaluated the state’s summary judgment practices, emphasizing a defendant must establish “that no issue of material fact exists.” Using this guidance, the appeals court upheld the decision to dismiss the lawsuit. The appeals court also addressed Rule 11(b), this time rejecting the author and publisher’s motion for sanctions against the former FBI agent.

Weaver v. Ross (2024)

A classic-car restorer sued a customer for defamation and intentional infliction of emotional distress after several negative social media posts about his work. A jury found the business owner was harmed by the posts and awarded him damages that included legal fees and court costs. A Mississippi appeals court upheld the jury’s decisions. In a footnote, the court emphasized Rule 11(b) is a safeguard that is “in place to curtail the improper use of litigation.” The court defined these types of cases as those that are “frivolous or…filed for the purpose of harassment or delay.”

Legislative activity

The Public Speech Protection Act, a bill filed in 2022, died in committee. The bill sought to eliminate malicious or frivolous lawsuits that limited speech, petition, or association, but specifically did not include newspapers and made no mention of press rights.

Of note

Mississippi is one of 16 states that does not have an anti-SLAPP law.