Broken Speech Shield Leaves Top Massachusetts Court Apologizing

Oct. 2, 2023, 7:10 PM UTC

Massachusetts’ Supreme Judicial Court on Monday apologized to attorneys for the broken, confusing framework it developed for applying a law that protects First Amendment rights during a pair of cases over allegedly retaliatory lawsuits.

“This is our fault, not yours,” Justice Scott Kafker told an attorney in one of two cases the justices used to take another look at its speech protections. “This stuff is incomprehensible.”

Anti-SLAPP laws, or laws against Strategic Lawsuits Against Public Participation, are meant to be a quick and easy pathway for courts to throw out meritless lawsuits filed to intimidate people exercising their First ...

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