Justin W. Aimonetti

How Two Rights Made a Wrong: Sullivan, Anti-SLAPP, and the Underenforcement of Public-Figure Defamation Torts

When applied in tandem, the Supreme Court’s Sullivan standard and state anti-SLAPP statutes give public-figure defamation plaintiffs a near-impossible task. Such plaintiffs must introduce facts—before discovery—about the defendant’s mental state. Otherwise, courts must dismiss their claims. Our Essay proposes four solutions to this undesirable and unreasonably stringent “super-standard.”