Virginia

Amended most recently in 2025, Virginia’s anti-SLAPP law creates immunity from tort liability based solely on statements that are made either to third parties regarding “matters of public concern that would be protected under the First Amendment,” statements made “at a public hearing before, or otherwise communicated to, the governing body of any locality or other political subdivision, or the boards, commissions, agencies and authorities thereof, and other governing bodies of any local governmental entity concerning matters properly before such body,” statements “made at a Title IV hearing before the applicable tribunal of an institution of higher education,” or statements “made by an employee against the employer where retaliatory action arising from such statements is prohibited” by Virginia law.  Va. Code Ann. § 8.01-223.2(A) (2025).

Unlike most anti-SLAPP laws, the Virginia law fails to identify any special procedures allowing a defendant to invoke these protections at an early stage of the proceedings.

The law does not provide protection for statements made with knowledge of, or reckless disregard for, whether they are false. § 8.01-223.2(B).

When a lawsuit is dismissed or a subpoena is quashed under the statute, the defendant “may” be awarded reasonable attorney’s fees and costs. § 8.01-223.2(B). The law does not specify whether a stay of discovery is available.

Virginia’s anti-SLAPP law does not address whether a trial court’s decision on an anti-SLAPP motion is immediately appealable. However, in 2020, the Virginia General Assembly amended the Virginia Code to provide a right to immediately appeal an order denying a defendant’s motion to prevent a case from moving forward based on various types of immunity, such as sovereign immunity or qualified immunity. § 8.01-670.1(B).