From the Kba Media-bar Committee

• Year: 2024
• Citation: Vol. 93 No. 6 Pg. 15
• Pages: 15
• Date: 01 December 2024

From The KBA Media-Bar Committee No. 93 J. Kan. Bar Assn 6, 15 (2024) Kansas Bar Journal December, 2024

Recent Happenings from the Media-Bar Committee

By Eric Weslander, KBA Media-Bar Committee Chair

On September 9, the Committee organized a Zoom lunchtime panel for members of the Kansas judiciary to discuss the unique procedures under the Kansas Public Speech Protection Act (K.S.A. 60-5320), Kansas' so-called "anti-SLAPP" (Strategic Lawsuits Against Public Participation) statute. The 2016 Act — intended to "encourage and safeguard" constitutional rights — creates a procedure for a special motion to strike early in a lawsuit if the plaintiff's claim is "based upon, relates to or is in response to a party's exercise of the right of free speech, right to petition or right of association," as each of those terms is separately defined in statute. If a defendant can make a prima facie showing that the claim against them falls within the Act, the burden shifts to the claimant to "establish the likelihood of prevailing on the claim...