D.C. v. R.R.

ROTHSCHILD, J., Dissenting.

The majority affirms the denial of the anti-SLAPP (strategic lawsuit against public participation) motion on the grounds that R.R.’s post (1) was a “true threat” and therefore was not constitutionally protected, and (2) was not in connection with an issue of public interest. I disagree with both conclusions and with the majority’s reasoning, which alters the legal landscape to the severe detriment of First Amendment rights.

In deciding that the post was unprotected, the majority holds defendants to an evidentiary standard that conflicts with controlling California…