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West Virginia

Although West Virginia does not have an anti-SLAPP statute, the state’s highest court has held that speech and petition activity in connection with an issue of public interest is entitled to heightened protection. Harris v. Adkins, 432 S.E.2d 549 (W.Va. 1993). Specifically, the exercise of the constitutional right to petition the government cannot give rise to liability unless a plaintiff can show that the defendant acted with knowledge of, or reckless disregard for, the falsity of the statements made. Id.