The Second Circuit disagreed and stated “Thin as the findings are to begin with, the district court did not take into account the requirement that a limited purpose public figure maintain ‘regular and continuing access to the media.'”
It also rejected the use of the California anti-Slapp statute to shift attorney fees to the winner under California’s anti-SLAPP statute. The Second Circuit ruled that the state anti-SLAPP law was inapplicable in federal court which follows countervailing standards on the necessary showing for cases. Under federal rules, a plaintiffs must show only a plausibility — not the probability — of prevailing. It also ruled that Reid does not enjoy immunity under Section 230 of the Communications Decency Act.
Each of these holding would be a considerable loss but their combination in one case is a devastating loss for media defendants.
Pay up! A settlement is coming I guarantee it.
Turley is doing some really good reporting.
Look for this type of case to wind up in the Suprme Court. The Circuit Courts are split on Anti-Slapp statute being applied in Federal court.