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Horvitz & Levy seeks depublication of opinion criticizing California’s anti-SLAPP statute.

March 14, 2011

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Horvitz & Levy LLP, representing a broad coalition of public interest organizations and advocacy groups, has asked the California Supreme Court to depublish the recent California Court of Appeal opinion in Grewal v. Jammu. Horvitz & Levy filed the request on behalf of a diverse group of 20 organizations, including the ACLU, the Association of Southern California Defense Counsel, the California Broadcasters Association, the California Newspaper Publishers Association, the Electronic Frontier Foundation, the Magazine Publishers of America, and Public Counsel.

The Grewal opinion affirmed the denial of an anti-SLAPP motion but went well beyond the analysis necessary to dispose of the case. The Court of Appeal in Grewal broadly argued that the anti-SLAPP statute is being abused, and called on the Legislature to repeal the immediate right of appeal for anti-SLAPP orders. Horvitz & Levy’s depublication request argues that the Supreme Court should remove the opinion from the published reports because its unwarranted criticism of the anti-SLAPP statute risks chilling the continued legitimate use of that statute for protecting the exercise of the rights of free speech and petition.

Horvitz & Levy’s depublication request has drawn attention from the legal media; both the Daily Journal and Recorder have written stories noting the diverse group of organizations joining the request.