A Maricopa County Superior Court Judge has ruled that Arizona’s anti-SLAPP law is constitutional after the County Attorney's Office tried to have it struck down.
The decision stems from a case against a protester accused of trespassing on ASU campus in 2024.
Anti-SLAPP, or strategic lawsuit against public participation, lets defendants seek to dismiss lawsuits filed to curtail free speech and other constitutional rights.
Many states have such laws, but Arizona's is unique in that it even prevents criminal prosecutions.
The Maricopa County Attorney’s Office had argued the anti-SLAPP law was overbroad and infringed on executive branch authority.
In a ruling this week, a Superior Court judge said the law only requires defendants to prove the lawsuit was substantially motivated by an unconstitutional purpose.
He said the statute doesn’t require the defendant to prove they acted lawfully.
The Attorney’s Office says it plans to appeal the ruling.
The state attorney general's office had filed a "friend of the court" brief also attempting to have the law struck down.
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