Courts dismissed dozens of strategic lawsuits against public participation (SLAPPs) targeting media organizations in 2024, according to a new analysis by New York University’s First Amendment Watch. SLAPPs are civil claims that are often filed by corporations or individuals with significant resources and are viewed as attempts to deter free speech and public scrutiny.
“Our initial findings make clear what observers have long suspected: the media are a significant target of potentially frivolous or malicious litigation designed to chill speech and stifle scrutiny,” said Stephen D. Solomon, founding editor of First Amendment Watch and professor at NYU’s Arthur L. Carter Journalism Institute.
The findings come from The SLAPP Back Initiative, a project launched at NYU’s journalism institute. This initiative has created the first national database of SLAPP claims in the United States, aiming to track legal actions that can impose heavy financial burdens on defendants while discouraging criticism and threatening freedoms protected under the First Amendment.
The analysis identified 500 cases decided on anti-SLAPP motions last year, with 69 involving media entities. Most of these cases were either fully or partially dismissed by judges.
“These lawsuits affected every type of media entity across every medium at every level of the industry—from individual journalists and commentators to their publishers and sources,” Solomon said.
Major news organizations such as The Associated Press, NBC News, ProPublica, Netflix, HBO, as well as regional outlets like the Hartford Courant and Dallas Morning News were among those impacted. Local news organizations across states including California, Colorado, Connecticut, Louisiana, Maine, Nevada, New Mexico, New York, Texas, Vermont, Virginia, and Washington state also faced SLAPPs.
Since the tactic was first recognized in 1988 and with more states enacting anti-SLAPP laws over time to counter them, these lawsuits have become increasingly visible. In the early 1990s only a few cases were dismissed each year; last year over 200 were either fully or partially dismissed. Currently 38 states along with the District of Columbia and Guam have some form of anti-SLAPP protection for defendants. However, twelve states still lack such laws nationwide and there is no federal anti-SLAPP legislation.
The database will be updated over time to include more historical data from thousands of recorded anti-SLAPP claims spanning three decades. It will also feature timely legal expert assessments on emerging disputes related to free expression.
First Amendment Watch provides regular updates on relevant legal developments for journalists as well as educational resources for professors students and members of the public interested in how First Amendment principles apply today.
Solomon founded First Amendment Watch at NYU where he teaches First Amendment law; he is also an author whose upcoming book “No Tyrants: How the Founders Built Barriers Against the ‘Monster Tyranny’” is set for publication next year by Bloomsbury Press. Advisors for The SLAPP Back Initiative include Laura Prather (Haynes Boone), Victoria Baranetsky (Center for Investigative Reporting), Stephen Adler (Ethics and Journalism Initiative at NYU), and Dick Tofel (Gallatin Advisory LLC).
Funding for The SLAPP Back Initiative comes from several sources including NYU’s Journalism Venture Capital Fund along with contributions from nonprofit organizations focused on press freedom.
