Anti-SLAPP and Public Expression Protection Defenses in Illinois Defamation Cases

Strategic lawsuits against public participation—often called “SLAPP” suits—are lawsuits filed not primarily to recover damages, but to punish or silence critics, journalists, reviewers, or other speakers. Anti‑SLAPP statutes provide powerful tools for getting these cases dismissed early and recovering attorneys’ fees.

DiTommaso Lubin, P.C.’s Defamation, Libel & Free Speech Defense Practice Group has long used anti‑SLAPP protections to defend clients in Illinois defamation and related cases. We closely follow developments in Illinois’s Citizen Participation Act and the state’s recent expansion of anti‑SLAPP protections, and we use those developments to our clients’ advantage.

Illinois’s Anti-SLAPP Framework and Recent Expansion

Illinois has historically protected speakers through its Citizen Participation Act, which allows defendants to seek dismissal of lawsuits targeting their participation in government or speech on matters of public concern. More recently, Illinois has moved to expand and clarify its anti‑SLAPP protections, including strengthening protections for news reporting and adopting broader protections for public expression.

Our attorneys stay current on these changes and incorporate them into our defense strategies, including:

• Evaluating whether a lawsuit targets speech or petitioning activity covered by Illinois’s anti‑SLAPP statutes or related public‑expression protections.
• Determining whether new statutory provisions and amendments apply to a client’s case and how courts are interpreting those provisions.
• Advising clients—particularly media organizations, journalists, influencers, and citizen reviewers—about how anti‑SLAPP protections can shield their speech and what limits remain.

How Anti-SLAPP Motions Work

Anti‑SLAPP statutes are designed to allow courts to dispose of meritless claims quickly and efficiently. Depending on the specific statute and procedural posture, an anti‑SLAPP motion may:

• Require the plaintiff to come forward early with evidence supporting their claims.
• Stay discovery until the court decides whether the case can proceed.
• Provide for fee‑shifting, allowing successful defendants to recover their attorneys’ fees and costs.

We regularly:

• File anti‑SLAPP or related special‑motion‑to‑strike pleadings early in the case when the facts support them.
• Combine anti‑SLAPP arguments with other dispositive motions, such as motions to dismiss and motions for summary judgment based on constitutional, privilege, and substantial‑truth defenses.
• Use anti‑SLAPP tools defensively when representing plaintiffs, so that clients understand the risks and benefits of bringing defamation claims and can avoid filing suits that could be characterized as SLAPPs.

Who Needs Anti-SLAPP Protection?

Anti‑SLAPP defenses are particularly important for:

• Consumers and reviewers posting online ratings and reviews of businesses, professionals, and products.
• Journalists, bloggers, and media outlets reporting on matters of public interest, including local government, public figures, and large corporations.
• Activists, community organizers, and citizens who speak out at public meetings or on social media about public‑policy issues.
• Businesses and individuals responding publicly to accusations or participating in public debates.

Our experience includes defending clients who were sued in an apparent effort to silence criticism or chill their participation in public discussions, and we have invoked anti‑SLAPP protections, when available, to seek early dismissal and fee recovery.

Coordinating Anti-SLAPP Strategy With Insurance Coverage

Because anti‑SLAPP motions can sometimes lead to fee awards in favor of defendants, they can significantly change the dynamics of coverage negotiations with insurers. We help clients:

• Notify and coordinate with their insurers about anti‑SLAPP motions and potential fee‑shifting exposure.
• Argue that insurers must fund anti‑SLAPP motions as part of their duty to defend.
• Consider how fee‑shifting and potential counterclaims may affect settlement discussions.

Talk With Our Anti-SLAPP and Defamation Defense Team

If you have been sued or threatened with litigation for speaking out on a matter of public concern, posting an online review, or reporting on official proceedings, anti‑SLAPP and related public‑expression protections may provide powerful defenses.

To discuss how these protections might apply in your case, contact attorney Peter S. Lubin or attorney James V. DiTommaso for a free consultation.

Call 630-333-0333 or reach us through our online contact form.

This page is for informational purposes only and does not constitute legal advice. Contacting us does not create an attorney–client relationship. Past results do not guarantee a similar outcome.