In re Lipsky

The Texas Citizens Participation Act (TCPA)1 protects citizens who petition or speak on matters of public concern from retaliatory lawsuits that seek to intimidate or silence them. Tex. Civ. Prac. & Rem. Code §§ 27.001-011. The protection consists of a special motion for an expedited consideration of any suit that appears to stifle the defendant’s communication on a matter of public concern. Id. § 27.003. In reviewing that motion, the trial court is directed to dismiss the suit unless “clear and specific evidence” establishes the plaintiffs’ “prima facie case.” -Id. § 27.005(c). When applying…