Michigan has earned the dubious distinction of being one of just 17 states with no law protecting against costly, frivolous lawsuits that are used to intimidate and silence critics. As a result, these states earned an “F” in the 2023 Anti-SLAPP Report Card, recently released by the Institute of Free Speech.
In fact, according to the report card, Michigan earned 0 out of 100 points.
“SLAPP” stands for “strategic litigation against public participation,” referring to the ways in which plaintiffs of means can abuse the legal system to suppress speech they don’t like. These litigants claim that the speech constitutes defamation, and such lawsuits serve to chill free speech by saddling speakers with litigation costs.
This problem is acutely felt in the field of journalism, an industry that has faced financial hardship in the digital era — and Metro Times would know. Last year, Metro Times and other outlets were slapped with a SLAPP lawsuit from a local parent after accurately reporting about a chaotic school board meeting in which the parent had allegedly made a Nazi salute and said “Heil Hitler” to protest COVID-19 mask mandates. After the meeting, the parent was fired from their job.
Thankfully, after reviewing public records and evidence submitted in the case, Oakland County Circuit judge Jeffery Matis dismissed the lawsuit against Metro Times, finding our reporting to be “substantially true.” However, Metro Times was forced to spend more than $6,000 on its defense. (Our insurance would not cover defense costs until reaching a $25,000 deductible.) Deadline Detroit, another local outlet that reported on the meeting, said it spent $10,000 defending itself against the litigation.
Aside from Michigan and the other states that flunked the 2023 Anti-SLAPP Report Card, the Institute of Free Speech sees things trending in the right direction. There are anti-SLAPP laws in 33 states plus the District of Columbia, meaning that for the first time more than half of the U.S., or a record high of 79% of the population, now resides in jurisdictions with good anti-SLAPP laws.
“The progress we’ve seen in recent years is a welcome trend, but there are still too many states in which plaintiffs with deep pockets can threaten critics with financial ruin if they don’t shut up,” said Institute for Free Speech president David Keating, also one of the report’s co-authors. “A strong anti-SLAPP law is one of the best and easiest protections for free speech states can provide. Every state should have one and should make sure that its law covers as much speech on matters of public concern as possible.”
Since last year’s report card, more than 10 states have improved their anti-SLAPP grades.
“The improvements in anti-SLAPP protections in several states across the country are encouraging,” said Institute for Free Speech Research Director and report co-author Helen Knowles-Gardner. “We hope that the remaining low-rated states will soon act to create or improve essential free speech protections against SLAPPs.”
The full 2023 Anti-SLAPP Report Card is available at ifs.org/anti-slapp-report.
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