Daniel Greer and Fix the Facts Foundation D/B/A Agendawise v. Salem Abraham

A public official who sues for defamation must prove the elements of the tort and, as a constitutional requirement, that the defendant published the falsehood knowing it to be false or acting with reckless disregard for whether it was ■ true or false. This constitutionally-required element is typically abbreviated as the actual-malice element of the tort. . That element is at issue in this appeal, which concerns the dismissal of a public official’s defamation claim under the Texas Citizens Participation Act (TCPA). See Tex. Crv. Prac. & Rem. Code §§ 27.001-011.

The TCPA requires the dismissal…