What Is an Anti-SLAPP Law?

Author: Lindsay A. Compton

Date: January 23, 2026

 

A SLAPP (Strategic Lawsuit Against Public Participation) is a lawsuit filed not to win on the merits but to intimidate, burden, or punish someone for exercising their rights to speak out, petition government, or participate in public debate. These lawsuits are often brought by people or companies with deep pockets with the explicit intention of deterring individuals from speaking freely out of fear of costly and time-consuming defamation claims.

Anti-SLAPP laws are designed to deter these meritless lawsuits and protect free speech on matters of public concern, ensuring that people can engage in public discourse without the threat of legal intimidation.

Florida’s Anti-SLAPP Statutes
Florida’s anti-SLAPP protections are governed primarily by Florida Statutes § 768.295, and to a more limited extent by other sections that apply in specific contexts, like homeowners’ association disputes.

1. Florida’s Anti-SLAPP Law — § 768.295

• This statute makes it Florida’s public policy to protect free speech and related activities such as peacefully assembling, instructing representatives, and petitioning government for redress of grievances, rights protected by both the U.S. and Florida Constitutions.

• The law states that a person or governmental entity may not file a lawsuit “without merit and primarily because” someone exercised one of these rights. In other words, if the main reason a lawsuit was filed is to punish someone for speaking out or participating in “public issues”, the statute applies.

• “Free speech in connection with public issues” is any written oral statement that is protected speech by law and is one of the two following types of statements, 1. A statement made before a governmental entity in connection with matters under review; or 2. statements made in or in connection with media like plays, movies, news reports, books, and similar works—potentially including blogs and online content.

• Florida also anti-SLAPP protection for homeowners from suits arising out of comments made during a homeowners’ association or governmental meetings.

How Fla. Stat. § 768.295 Works in Practice
Not every state in the United States has an anti-SLAPP law and for each state that has anti-SLAPP legislation, they vary in protection. Unlike some other states’ anti-SLAPP laws, Florida’s statute has certain provisions that make it different from others:

Expedited consideration: A defendant can move to dismiss or for summary judgment on the basis that the lawsuit violates the anti-SLAPP statute, and courts must hear that motion at the earliest possible time.

Fees and costs: If a party prevails on an anti-SLAPP motion, the court has no choice by to award reasonable attorney’s fees and costs to the party that filed the ani-SLAPP motion.

However: 

• Florida’s statute does not automatically stay discovery (the process of gathering evidence) when an anti-SLAPP motion is filed, which means litigation might continue while the motion is pending; and 

• Historically, Florida courts have been limited in allowing immediate appeals of decisions on anti-SLAPP motions, though recent procedural rule changes now make such appeals more viable.

What Florida’s Anti-SLAPP Law Is Not
It’s not a blanket shield against all lawsuits. It doesn’t:

• Automatically dismiss all claims involving speech;

• Create a separate cause of action for damages simply because someone filed a lawsuit you believe is a SLAPP; and/or

• Provide absolute immunity from being sued; rather, it gives defendants a tool to push back early and recover fees if successful.

How Compton Law, P.A. Can Help
Defamation issues are highly fact-specific, and online speech cases often involve complex First Amendment considerations. Whether you are a business harmed by false online statements or an individual concerned about potential liability for online content, experienced legal guidance matters.

If you have questions about defamations, online reviews, or reputational harm, Compton Law, P.A. invites you to contact the firm at (239) 268-4114 or follow the link below to discuss your situation and explore your legal options.