Tennessee
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Tennessee

Anti-SLAPP protection

Tennessee anti-SLAPP law was enacted in 1997 and then updated as the Tennessee Public Participation Act (TPPA) in 2019.

Law summary

The act protects “exercise of the right of free speech, right to petition, or right of association.” (Tenn. Code Ann. § 20-17-104(a)). The law covers communication made in connection with public issues such as health, safety, government, public figures, and marketplace goods or services. This includes oral, written, audiovisual, or electronic statements.

Legal actions

  • The burden of proof: The defendant must show that the lawsuit is based on their protected speech or conduct. If they meet this burden, the plaintiff must establish a prima facie case for each element of their claim to prevent dismissal. The court can still dismiss the case if the defendant proves a valid defense.
  • Timeline: The defendant must file the petition to dismiss within 60 days of the lawsuit although the court can allow extensions.
  • Attorney fees: If the court dismisses the lawsuit, the defendant is awarded court costs, attorney fees, and other related expenses. If the petition is frivolous, the plaintiff may recover costs.
  • Exemptions: The TPPA does not apply to enforcement actions brought by government attorneys acting in their official capacity.

Helpful cases

In the cases below, courts evaluated the applicability of Tennessee’s anti-SLAPP laws in protecting media and speech online.

Neurology v. Beavers (2021)

The Tennessee Court of Appeals upheld the dismissal of a defamation and false light lawsuit filed by Dr. Kaveer Nandigam and his practice against Kelly Beavers, who had posted a negative Yelp review about her experience with the doctor. Beavers successfully argued for dismissal under the TPPA. The court found that Beavers’ review, which critiqued the doctor’s professionalism, was a protected exercise of her free speech rights. The plaintiffs failed to meet the burden of proof required to counter the TPPA’s protections.

SmileDirectClub v. NBCUniversal Media (2021)

SmileDirectClub (SDC) sued NBC Universal for defamation and related claims after NBC aired a story on Nightly News, which the company said contained more than 40 false and misleading statements. SmileDirectClub sued for defamation. NBC filed a motion to dismiss under TPPA, arguing the broadcast was protected free speech concerning public health and safety. The court agreed, dismissing the lawsuit on the grounds that the segment addressed a matter of public concern and SmileDirectClub failed to meet the burden of proof required to proceed. NBC was also awarded attorney’s fees.

Trevor Seth Adamson v. Sarah E. Grove (2021)

Congressional candidate Trevor Seth Adamson sued a trio of activists for criticizing him on Facebook. The Tennessee Court of Appeals upheld an anti-SLAPP judgment and a $39,000 fee and sanctions award against Adamson. The court found that the activists’ speech was protected under TPPA, as it concerned a matter of public interest. Additionally, the court imposed further appellate sanctions on Adamson for filing a frivolous appeal.

Legislative activity

No current legal activity. 

Of note

Tennessee’s anti-SLAPP law is very strong, scoring 97% on the Institute for Free Speech scale.