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Minnesota

Minnesota adopted anti-SLAPP legislation in 1994. However, in 2016, a state appellate court found the statute unconstitutional, reasoning that the law “deprive[s] the non-moving party of the right to a jury trial by requiring a court to make pretrial factual findings to determine whether the moving party is immune from liability.” Mobile Diagnostic Imaging v. Hooten, 889 N.W.2d 27, 35 (Minn. Ct. App. 2016).

The Supreme Court of Minnesota also ruled that the law was “unconstitutional when it requires a district court to make a pretrial finding that speech or conduct is not tortious.” Leiendecker v. Asian Women United of Minn., 895 N.W.2d 623, 637–38 (Minn. 2017). The court found that this was a violation of the plaintiffs’ jury-trial right under the Minnesota constitution. Id.