In the world of litigation, some lawsuits aren’t actually meant to be won in a courtroom—they’re meant to silence critics by subjecting them to costly litigation, including burying them in legal fees. These are known as SLAPPs (Strategic Lawsuits Against Public Participation).
For years, New York’s protections against these bullies were notoriously weak. However, major overhauls in 2020 have transformed the Empire State from a “libel tourism” destination into a stronghold for free expression. Here’s what you need to know about the current state of New York’s Anti-SLAPP law as of 2026.
SLAPP Defined
A SLAPP suit is typically a defamation or privacy lawsuit filed by a powerful entity against an individual or journalist. The goal isn’t necessarily to prove a lie, but to intimidate the defendant into retracting their statement or stopping their advocacy altogether.
Before 2020, New York’s law was extremely narrow, protecting only those speaking out about government permits or applications. The amended law, N.Y. Civ. Rights Law § 76-a, radically expanded protection to any communication in a public forum related to an issue of public interest.
“Public interest” is now construed broadly to include almost any subject that isn’t a “purely private matter.” N.Y. Civ. Rights Law § 76-a(1)(d).
In many cases, the law now requires plaintiffs to prove “actual malice”—that the statement was made with knowledge it was false or with reckless disregard for the truth—before they can recover damages. N.Y. Civ. Rights Law § 76-a(2).
Key Protections for Defendants
If you find yourself on the receiving end of a SLAPP suit in New York, the law provides several powerful shields, including:
1. Mandatory Attorney’s Fees: Under N.Y. Civ. Rights Law § 70-a, if a defendant wins a motion to dismiss a SLAPP suit, the court must award them attorney’s fees and costs.
2. The “Substantial Basis” Hurdle: To survive a motion to dismiss (CPLR 3211(g)), a plaintiff must demonstrate that their claim has a “substantial basis in fact and law.” This is a much higher bar than the standard “plausibility” test used in most other lawsuits.
3. Automatic Discovery Stay: The moment a defendant files a motion to dismiss under the Anti-SLAPP law, all “discovery”—the expensive process of exchanging documents and taking depositions—is “stayed” (frozen). CPLR 3211(g). This prevents plaintiffs from using the cost of litigation as a weapon.
The Bottom Line
New York’s Anti-SLAPP law is now one of the strongest in the nation. It serves as a vital reminder that free speech isn’t truly free if it costs you your life savings to defend it. Whether you’re a journalist, a whistleblower, or just someone leaving a pointed review, the law is increasingly on your side.