Nader v. Maine Democratic Party

SILVER, J., with whom JABAR, J., joins,

concurring.

[¶ 40] I concur in the result reached by the majority in this case, and with the Court’s decision to reallocate and lower the burdens applicable in anti-SLAPP cases in order to restore balance to the competing constitutional rights implicated by this statute. I write separately because Maine’s anti-SLAPP statute raises serious concerns regarding the right to equal protection under the law, to petition the gov*564ernment for redress of grievances, and to open courts. I also write to express my belief that in order to avoid the potentially fatal…