Lawsuits

Across Illinois, citizens actively participate in democracy by speaking out on matters of public concern. However, civic engagement can attract legal actions aimed at silencing a speaker. Illinois provides specific protections against these harmful suits through the Illinois Citizen Participation Act, safeguarding free speech and public advocacy.

What is the Illinois Citizen Participation Act?

The Illinois Citizen Participation Act (CPA) was enacted to protect individuals and organizations from Strategic Lawsuits Against Public Participation (SLAPP). Introduced in 2007, the CPA ensures that citizens can express opinions, petition the government, or participate in public advocacy without fear of retaliatory lawsuits. This law is crucial in preserving open debate and civic engagement in Illinois.

Understanding SLAPP Lawsuits

SLAPP lawsuits are meritless legal cases meant to silence critics by burdening them with intimidating, stressful, and expensive litigation. Common forms include defamation, libel, slander, interference with contracts, and malicious prosecution. Typically, the plaintiffs behind these lawsuits are influential individuals and corporations aiming to silence critics rather than seek genuine legal remedies.

Who is Protected by the Illinois Citizen Participation Act?

The CPA covers a broad range of individuals and organizations participating in protected activities. This includes speech or actions made in connection with governmental, legislative, judicial, or administrative proceedings. The Act safeguards public speech, civic advocacy, petitioning, and other forms of political participation.

However, protections are not unlimited. The CPA does not shield maliciously false statements or speech unrelated to public participation or governmental processes.

How Does the Act Work?

Under the CPA, if an individual or organization believes they are facing a SLAPP lawsuit, they can immediately file a motion to dismiss. The law mandates a swift court review to determine if the suit indeed seeks to suppress protected activities. If the court identifies the lawsuit as an SLAPP, it must dismiss the case promptly, often saving significant time and resources.

Judges evaluate:

  • Whether the lawsuit is genuinely related to public participation.

If the plaintiff’s claims have substantial merit or are primarily intended to silence criticism.

Key Benefits of the Illinois Citizen Participation Act

The CPA provides the following to victims of SLAPP Lawsuits:

  • Early Dismissal of SLAPP Lawsuits: Quickly ends meritless litigation, preventing prolonged stress and financial strain.

  • Financial Relief: Courts may award attorney’s fees and costs to the prevailing defendant, discouraging frivolous claims.

Protection of Free Speech: Encourages open public debate and active civic participation by safeguarding citizens’ rights to speak freely without fear of retaliation.

Facing a SLAPP Lawsuit

If targeted by a potential SLAPP lawsuit, consider these immediate steps:

  • Document all of your communications and public statements.

  • Gather evidence demonstrating your speech or actions were related to public participation.

  • Consult with an attorney who has the experience and ability to handle CPA and SLAPP cases.

  • File a motion for early dismissal under the CPA to swiftly halt proceedings and recover potential legal costs.

Conclusion

The Illinois Citizen Participation Act is a powerful shield against SLAPP lawsuits. The law helps ensure citizens and organizations can engage in public discourse and advocacy freely. Understanding your rights under this law and taking proactive measures can effectively neutralize attempts at silencing public participation, ensuring democracy remains vibrant and robust.

FAQs

What qualifies as a SLAPP lawsuit under Illinois law?
 A lawsuit primarily intended to chill or silence public participation through intimidation or financial pressure, lacking substantial legal merit.

Can organizations benefit from the Citizen Participation Act, or just individuals?
 Both individuals and organizations actively involved in public participation or advocacy efforts are protected under the CPA.

How long does it typically take to dismiss a SLAPP suit?
 The Act mandates expedited consideration, often resulting in dismissal within weeks to months of filing the motion.

Are attorney fees recoverable under this Act?
 Yes, prevailing defendants can recover attorney fees and court costs, discouraging frivolous claims.

What should I do first if I’m served with a potential SLAPP lawsuit?
 Immediately consult with an attorney experienced in CPA litigation and file a motion to dismiss promptly to leverage your protections under the law.

About The Author

This article was written by Paul S. Padda, the managing attorney of Paul Padda Law.  With offices in Las Vegas and Chicago, Paul Padda Law is a premiere law firm representing individuals and businesses in a wide variety of practice areas such as personal injury and business disputes.  If you have a legal issue you’d like help with, contact Paul Padda Law at (800) 712-0000.