Van Dyke v. Retzlaff

November 28, 2018

The Reporters Committee and 39 media organizations filed an amicus brief in the Fifth Circuit in Van Dyke v. Retzlaff.  The defendant appealed to the Fifth Circuit after the district court denied his TCPA motion to dismiss, holding that the TCPA does not apply in federal court. The amicus brief argues that the TCPA, like other state anti-SLAPP statutes, should apply in federal court because it provides substantive protections for First Amendment freedoms, including those of media organizations retaliated against for reporting on matters of public concern.  Attorneys from Vinson & Elkins LLP served as local counsel on the amicus brief.