If you’ve ever spoken out on a public issue, whether it’s online, at a school board meeting, or in the media, you might not expect to be hit with a lawsuit for simply exercising your right to free speech. But that’s exactly what happens in a SLAPP suit. It’s often used to intimidate or punish people for speaking up. That’s why many states have adopted anti-SLAPP laws that let you dismiss these baseless lawsuits early.
- Understanding SLAPPs and the Role of Anti-SLAPP Laws
- The Fast-Track Procedure
- Building a Winning Motion
- Put Meritless Claims to Rest—Contact Bowen Hoogstra Law Today
As of now, Michigan does not have an anti-SLAPP statute in place to protect you from these kinds of meritless claims. But that might change soon. Lawmakers recently introduced House Bill 4045 of 2025, aiming to give Michigan residents a stronger shield against lawsuits targeting their right to speak freely on matters of public interest.
Let our qualified Muskegon attorney elaborate on what SLAPP suits are, why anti-SLAPP laws matter, and how Michigan residents can prepare for what’s ahead.
Understanding SLAPPs and the Role of Anti-SLAPP Laws
A SLAPP, short for Strategic Lawsuit Against Public Participation, is a civil lawsuit filed against someone in retaliation for their participation in protected activities, usually speech or expression on public issues. The goal isn’t necessarily to win in court but to silence or intimidate the speaker. For example, a real estate developer might sue a local resident who speaks out against a zoning change at a public meeting. Even if it’s unlikely for the developer to win, the lawsuit forces the resident to spend time and money to fight against a baseless legal action.
Anti-SLAPP laws are designed to fix that. These laws allow you to file a special motion, often early in the case, to have the lawsuit dismissed if it targets speech on matters of public concern. In most states with anti-SLAPP statutes, the court must pause all discovery, including depositions and subpoenas, until the motion is decided. If the court rules in your favor, you might even be entitled to attorney fees and litigation costs. Put simply, anti-SLAPP laws are tools that help you fight back when someone sues you just for speaking your mind.
Who’s Protected Under Anti-SLAPP Laws?
Most anti-SLAPP laws are written broadly to cover any individual or group engaging in free speech on matters of public interest, including:
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- Citizens commenting on government actions
- Activists speaking about community issues
- Journalists reporting on public controversies
- Reviewers posting opinions about businesses or professionals
- Social media users discussing hot-button topics
In other words, you don’t need to be a politician or a reporter to qualify for protection. As long as your speech contributes to public discussion, you are within the scope of the law.
The Fast-Track Procedure
Unlike regular civil litigation cases that can drag on for years, anti-SLAPP motions are designed to fast-track your defense.
Automatic Stay of Discovery
Once you file an anti-SLAPP motion, all discovery in the case automatically pauses. That means no depositions, no interrogatories, and no document demands while the court considers your motion. It protects you from expensive and invasive legal maneuvers while giving the judge time to decide whether the lawsuit should move forward.
Early Hearing Timeline
Most anti-SLAPP laws require the court to hold a hearing on the motion within a tight timeline, often within 60 days after it’s filed. Early hearing means you don’t have to wait a year for your day in court. If the judge agrees that the suit targets your protected speech, the case can be dismissed almost immediately. That’s a huge advantage when you’re facing legal threats that are more about intimidation than justice.
Burden-Shifting Test
Anti-SLAPP laws follow a clear burden-shifting framework to separate legitimate claims from baseless ones. First, you must show that the lawsuit targets your protected speech or conduct on a matter of public interest. Then, the burden shifts to the plaintiff, who must prove that the claim is legally sufficient and factually supported by admissible evidence. If the plaintiff fails, the case is dismissed.
Building a Winning Motion
If Michigan adopts the pending HB 4045, knowing how to build a strong anti-SLAPP motion becomes necessary.
Crafting Strong Declarations
Your declaration is one of the most essential pieces of your motion. It is your written statement, under oath, explaining what you said, why you said it, and how it relates to a matter of public concern. Keep it factual and focused. Don’t exaggerate or speculate. If you’re unsure where to start, seek guidance from a local Muskegon attorney who can help you word your declaration carefully, ensuring it hits the legal points while keeping it true to your voice.
Sourcing Public-Participation Evidence
To support your motion, gather evidence that shows your speech was part of a public discussion, which might include news articles, social media threads, meeting minutes, blog posts, online reviews, public records or reports, etc. Even screenshots can help. The goal is to show the Muskegon court that your speech wasn’t just a personal attack—it was part of a broader conversation that affects your community, business, or government.
Leveraging Limited Discovery Exceptions
In some cases, limited discovery may be allowed even during the automatic stay. If you believe the other side has evidence that would help prove your speech was protected, you can ask the court for permission to access that information. Courts don’t grant these exceptions lightly—you need to explain why the discovery is necessary to resolve the anti-SLAPP motion. But if used strategically, it can strengthen your case and expose the real motives behind the lawsuit.
Put Meritless Claims to Rest—Contact Bowen Hoogstra Law Today
If you’ve been targeted for simply speaking out on a public issue, Bowen Hoogstra Law is here to help you fight back. We understand how SLAPP suits can drain your time, money, and peace of mind. Our experienced Muskegon attorneys can walk you through your rights, build a strong defense, and fight to protect your voice. Don’t let a baseless lawsuit silence you. Contact us today at (231) 726-4484 or here to schedule a consultation.