New York, N.Y. (August 20, 2024) - On August 7, 2024, the New York Supreme Court, Appellate Division, Second Department issued a decision of note under the New York anti-SLAPP Law. Nelson v. Ardrey, 2024 NY Slip Op 04147. The Court's decision followed rulings by other courts to conclude that Facebook and similar social media platforms constitute public forums under the Law (Civil Rights Law ' 70-a, 76-a). As to the merits of the claim presented, the court ruled that the particular Facebook posts - which accused the plaintiff of sexual abuse - were not encompassed by the anti-SLAPP Law because they concerned purely private matters and were addressed to a small audience.
The anti-SLAPP Law was first enacted in 1992 to protect the exercise of free speech by deterring "Strategic Lawsuits Against Public Participation." For many years, this statute only protected a narrow class of people who participated in public affairs against retaliatory lawsuits. Under the Law, citizens may assert counterclaims seeking costs, fees, and compensatory and punitive damages when sued based on their protected conduct. 2020 amendments expanded the protections of the Law to protect a broad, almost all-encompassing group of...
