Anti-SLAPP protection

Wisconsin does not have anti-SLAPP law.

Helpful cases

Although there’s no anti-SLAPP law, the following cases are helpful in understanding the protections that exist for publishers in the state:

Wagner v. Allen Media Broadcasting (2024)

Mark D. Wagner, a police officer, sued WKOW-TV Channel 27, owned by Allen Media Broadcasting, for defamation, alleging the station’s news reports contained false and defamatory statements about him. The case involved two law enforcement officers, both named Mark Wagner, each of whom shot an unarmed suspect in the line of duty in separate incidents. The news reports by WKOW conflated their identities and the reporting by the TV station implied that the plaintiff used excessive and unlawful force and had a history of doing so. The complaint alleged WKOW was negligent in making these false statements and failed to use the required ordinary care in checking the identity of DCI Agent Mark Wagner before running the story. The TV station moved for judgment on the pleadings, arguing that Wagner’s complaint did not sufficiently state a defamation claim as it failed to allege defamatory statements and actual malice, given Wagner’s status as a public figure. The circuit court ruled in favor of WKOW, concluding that the news reports did not specifically defame Wagner and dismissed his negligence claim. However, the Wisconsin Court of Appeals addressed whether Wagner was a “limited purpose public figure.” The court ruled that Wagner was not required to prove actual malice for his defamation claim against WKOW. The court concluded that the standalone claim for negligence was properly dismissed. However, regarding the defamation claim, the court found that Wagner’s complaint does state a valid claim for defamation and that it was an error to dismiss it. The court’s order was affirmed in part and reversed in part.

Terry v. Journal Broadcast Corp. (2013)

Angela Terry, the owner of a wedding video service, sued the Journal Broadcast Corporation and its TV station for airing stories implying she had defrauded customers by failing to deliver wedding videos on time. A Milwaukee-area news station, WTMJ-4, ran a story about a couple that had not received their video seven months after the wedding. Terry claimed the broadcast was defamatory, caused significant harm to her reputation and business, and created emotional distress. The court upheld the dismissal of her claims, finding that the statements made in the broadcast were either opinions of the couple or not defamatory in context. The court also rejected Terry’s claims for emotional distress, concluding they were unsupported by evidence. The Court of Appeals affirmed the summary judgment in favor of the Journal Broadcast Corporation.

Biskupic v. Cicero (2008)

Vincent Biskupic, a former Outagamie County district attorney and an unsuccessful candidate for Wisconsin attorney general, claimed he was defamed by an article in the Shawano Leader in August 2004. He claimed the article incorrectly stated Biskupic was involved in bribery and graft. Biskupic sued eight defendants, including the Leader and Stacey Cicero, an executive director of Safe Haven, a domestic abuse prevention organization, who was quoted in the article. The circuit court granted summary judgment dismissing the suit. The Wisconsin Court of Appeals affirmed, concluding that Biskupic, as a public figure, needed to prove the statements were made with actual malice, which he failed to do.

Legislative activity

Wisconsin lawmakers proposed SB 414 in 2023. The legislation would have allowed defendants to file a special motion to strike if the lawsuit arises from their constitutional rights to petition or free speech on public issues. According to the legislation, defendants could recover attorney fees and costs. The bill failed to pass in spring 2024.

Of note

Wisconsin is one of several states that does not have an anti-SLAPP law.