When people speak publicly to criticize persons or businesses, the persons or businesses criticized sometimes respond by filing a lawsuit for defamation, libel, disparagement, or another tort (wrongful act). These lawsuits are often directly or indirectly intended to intimidate and silence critics—and to discourage others from making critical statements—by punishing the speaker with the cost and burden of defending a lawsuit. These retaliatory and speech-chilling lawsuits are known as Strategic Lawsuits Against Public Participation (SLAPP).

To combat SLAPP lawsuits, many state legislatures have enacted laws (statutes) designed to protect citizens who petition their government or speak on matters of public concern from retaliatory lawsuits that seek to intimidate or silence them. The statutory protection consists of a special motion for expedited consideration of any suit that appears to stifle the defendant’s communication on a matter of public concern.

The purpose of these anti-SLAPP laws is to identify and quickly dispose of lawsuits that seek to chill the First Amendment rights of freedom of speech and freedom of association—not to dismiss legitimate lawsuits with merit. To accomplish its purpose, anti-SLAPP statutes usually include an expedited process in which the judge must review the pleadings—the plaintiff’s complaint or petition and the defendant’s answer—and a limited amount of evidence within a short time after the lawsuit is filed, and determine whether the lawsuit should be dismissed.

Anti-SLAPP statutes vary from state to state, but often include provisions that allow or require a defendant who successfully moves for the dismissal of a SLAPP lawsuit to recover attorney fees, costs of court, and expenses from the plaintiff.

As of the knowledge cutoff in 2023, Mississippi does not have a specific anti-SLAPP (Strategic Lawsuit Against Public Participation) statute. This means that while individuals in Mississippi can still speak publicly to criticize persons or businesses, they do not have the same statutory protections that are available in states with anti-SLAPP laws. In states with such laws, defendants can file a special motion to dismiss a lawsuit if it is deemed to be a SLAPP, aimed at intimidating or silencing them on matters of public concern. These motions are intended to be handled expediently to prevent the misuse of legal processes to chill free speech. Without such a statute in Mississippi, defendants in alleged SLAPP cases may not have access to an expedited process for dismissal or the ability to recover attorney fees and costs if they successfully defend against a SLAPP lawsuit. Defendants in Mississippi must rely on traditional defenses and procedural rules to combat potential SLAPP lawsuits.