Know your rights Archives - Protect the Protest

Know your rights

The rights to speak freely, assemble peacefully, and petition the government are guaranteed by the First Amendment to the Constitution. However, none of these rights are absolute. Over the years, federal courts and Congress have defined what types of activities are (and are not) protected. Many grey areas exist where the law is not clear.

Within a relatively short period of time, our civil liberties have moved online. Mass communications technology has evolved so rapidly that the courts’ definitions of First Amendment rights have not always kept up.

Although we are living and working in an uncertain environment, you can take steps to reduce your and your organization’s exposure to “Strategic Lawsuits Against Public Participation” (SLAPPs). The more you know your rights, the better protected you will be.

Although you cannot prevent a SLAPP bully from targeting you, you can take steps to minimize the likelihood of a long and costly legal battle that could drain your organization’s resources or otherwise affect your ability to continue working on behalf of the public interest.

How do you protect yourself? To help you get started, Protect the Protest has published An Activist’s Guide: Reducing Exposure to SLAPP Lawsuits. We have also linked below to some of the best available resources.

Please note that these resources are not a substitute for legal advice. If you are unsure about your organization’s exposure to SLAPPs, we recommend that you consult an experienced First Amendment lawyer. The law is nuanced, and each particular situation is unique.

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For more information about SLAPPs, please visit the following pages:

What is a SLAPP? – Not all lawsuits are SLAPPs. Here are some of the warning signs of a SLAPP.
Who is vulnerable? – SLAPPs pose a threat to a wide range of individuals and organizations working in the public interest. Here are some recent, emblematic cases.
Get help – If you have been sued or face the threat of a SLAPP, here are some immediate steps to consider.
Our cases – Learn more about the work of the task force and its individual members.
Help us end SLAPP – There is wide support for ending SLAPPs. What we need now is unified action.

An Activist’s Guide: Reducing Exposure to SLAPP Lawsuits

March 12, 2019

Tags: guide, help, know your rights

The Protect the Protest task force encourages activists, community organizers, and public interest organizations in the United States to read An Activist’s Guide: Reducing Exposure to SLAPP Lawsuits. This guide provides an introduction to SLAPPs and advice on how to respond if you face a SLAPP threat. We hope…

Best Practices for Avoiding Publication Liability

November 21, 2018

Tags: Defamation, Prevention

Suppose you are campaigning on an important topic and want to publish a blog, tweet, article, video, or report that exposes the wrongdoing of a company or individual. What steps can you take to avoid publication liability? The First Amendment Project has developed a Factsheet on Avoiding Publication Liability…

California Anti-SLAPP Project

August 10, 2018

The California Anti-SLAPP Project (CASP) is a law firm that fights against SLAPPs and protects the First Amendment. The firm’s website has a number of resources to help those targeted by SLAPPs. While the resources are geared towards those in California, they provide a useful reference for individuals and…

Guarding Against the Chill: A Survival Guide for SLAPP Victims

May 31, 2018

The First Amendment Project created this handbook to help individuals and organizations identify SLAPPs and protect themselves. This includes preemptive actions to reduce exposure to SLAPPs and actions to take if a SLAPP bully targets you or your organization.

SLAPPed: A Tool for Activists

May 15, 2014

The ACLU of Ohio developed this guide to help activists better understand SLAPPs and how to defend against them. The guide includes a brief history of SLAPPs and a description of modern SLAPPs, including those against free speech online.

Facing a SLAPP Threat? Here are 10 Resources to Help You

November 21, 2018

Tags: Prevention

Our democracy depends on checks and balances – and those who work to expose the wrongdoing of America’s rich and powerful have a critical role to play. But this work is becoming increasingly risky: community activists, civil society campaigners and journalists face the growing threat of retaliation for… Read More