On June 17, 2011, the Texas Citizens Participation Act (the “Texas Anti-SLAPP statute” or “TCPA”) was signed into law by Gov. Rick Perry. And, because the law was passed out of both legislative chambers by more than a two-thirds majority, the law went into effect immediately. 

On September 1, 2019, an amended version of the TCPA went into effect with the primary changes being to redefine what constitutes a matter of public concern, more narrowly tailor its applicability to legal actions based on or in response to a party’s exercise of First Amendment rights, and provide for additional exemptions to the statute when the core of the proceedings do not entail the exercise of constitutional rights.

The TCPA accomplishes three laudable goals: it protects the little guy, promotes judicial economy, and advances the First Amendment rights of all Texas citizens.

Courts, scholars, and free speech advocates have dubbed meritless lawsuits targeting the legitimate exercise of the rights to engage in truthful speech, lawful petitioning, and legal association as “Strategic Lawsuits Against Public Participation” (SLAPP suits).2 A SLAPP suit is the offensive use of a legal proceeding to prevent, or retaliate against, persons lawfully exercising First Amendment rights.3

As the Texas Supreme Court continues to demonstrate unprecedented judicial activism to prevent access to public information such as dates of birth and travel vouchers for state employees, the Texas Legislature unanimously adopted one of the strongest Anti-SLAPP statutes in the nation and showed their continued support of the First Amendment. On June 17, 2011, the Texas Citizens Participation Act (the “Texas Anti-SLAPP statute”) was signed into law by Gov. Rick Perry. And, because the law was passed out of both legislative chambers by more than a two-thirds majority, the law went into effect immediately. This is a great piece of legislation that protects the little guy, promotes judicial economy, provides for tort reform and advances the First Amendment rights of all Texas citizens.

View answers to frequently asked questions about the TCPA.