| Subgrades | |
| Covered Speech: | A+ |
| Anti-SLAPP Procedures: | A- |
| Subscores | |
| Covered Speech: | 100 out of 100 points |
| Anti-SLAPP Procedures: | 91 out of 100 points |
| Detailed Scoring on Anti-SLAPP Procedures | |
| Suspension of Court Proceedings Upon an Anti-SLAPP Motion: | 18 of 20 points |
| Burden of Proof on Plaintiff to Defeat an Anti-SLAPP Motion: | 12 of 12 points |
| Right to an Immediate Appeal: | 25 of 25 points |
| Award of Costs and Attorney Fees: | 36 of 40 points |
| Expansive Statutory Interpretation Instruction to Courts: | 0 of 3 points |
State Anti-SLAPP Statute
Tennessee’s anti-SLAPP statute[1] protects the exercise of the right of free speech in connection with a matter of public concern, the right to petition government, and the right to join together to take action on a matter of public concern. Although discovery is suspended once an anti-SLAPP motion is filed, a court may nonetheless order specified and limited discovery that is relevant to the motion to be conducted if good cause is shown. To prevail against an anti-SLAPP motion, the respondent must establish a prima facie case for each essential element of the claim. The anti-SLAPP statute provides for an interlocutory appeal if the court dismisses or refuses to dismiss an anti-SLAPP motion. A court must award costs and attorney fees to the prevailing movant on an anti-SLAPP motion; conversely, if the court finds that the motion is frivolous or solely intended to delay, it may award costs and attorney fees to the respondent.
[1] Tenn. Code. Ann. § 20-17-101 through § 20-17-110; see also § 4-21- 1001 through § 4-21-1004.
