Louisiana Crisis Assistance Center v. Marzano-Lesnevich

January 13, 2012

The U.S. District Court in New Orleans (E.D. La.) held that the Louisiana anti-SLAPP statute could not be used to dispose of a claim for injunctive relief against an author prohibiting further dissemination of two articles she published, as well as the planned publication of her book. We argued that by holding that the anti-SLAPP law may not be used to dispose of individual claims, the court effectively created an "all-or-nothing" theory of the statutory remedy that contravenes not only the statute's own clear language but the language in the majority of anti-SLAPP statutes nationwide. Perhaps more significantly, rather than encouraging individuals to inform the public debate about vital issues of significant interest and concern, the ruling chills any person's meaningful contribution to the marketplace of ideas through a prior restraint on publication.