OFFICE OF THE GOVERNOR

To Members of the California Legislature:

I am returning Senate Bill 789 without my signature.

This bill would place restrictions on the use of California's anti-SLAPP statute (Code of Civil Procedure Section 425.16) by persons engaged in certain businesses. The intent of a SLAPP lawsuit is to prevent citizens from exercising their First Amendment rights to free speech. Strategic Lawsuits Against Public Participation (SLAPP) were originally intended to protect against frivolous lawsuits brought typically by industry against public protestors. SLAPP suits are also used to dilute financial resources of public protestors by requiring them to expend monies to defend their First Amendment rights in court.

This bill essentially prohibits those engaged in commercial speech from bringing an anti-SLAPP motion. It attempts to protect, for example, plaintiffs who file product liability and negligence claims from having their claims subjected to an anti-SLAPP motion.

I am concerned, however, that this legislation unduly interferes with the court's discretion. The First Amendment right to free speech should be carefully guarded and the Court may be in the best position to ensure this right is protected by examining these claims on a case by case basis.

There are important competing interests here. On the one hand, we should not discourage valid public interest claims. On the other hand, we must be careful about chilling free speech. This bill was a product of a late in the session "gut and amend" and I am not satisfied that it strikes the right balance.

If there is further discussion of this issue next year, it should take into consideration the argument that anti-SLAPP motions are being improperly used as a stalling or delay tactic. I would be willing to consider legislation that provides for expedited review of an appeal granting an anti-SLAPP motion.

Sincerely

GRAY DAVIS

GOVERNOR GRAY DAVIS ·SACRAMENTO, CALIFORNIA 95814 · (916) 445-2841