West Virginia

Although there is no statute in West Virginia addressing SLAPP suits, 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 statements made.