The CLE program will explore the use in federal court of state laws meant to prevent what are known as strategic lawsuits against public participation. These laws, known as Anti-SLAPP laws, were enacted to stop people from using the court system to intimidate people into not exercising their free speech rights to discuss public subjects out of fear they will have to incur significant legal expenses in defending a lawsuit challenging their views.
The CLE program will focus on the dispute among the federal courts about whether to apply those state laws, which often have heightened pleading requirements and provide for the prevailing defendant to recover attorney's fees.
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