Since 2023, New Jersey has had a powerful Anti-SLAPP law on the books – the Uniform Public Expression Protection Act (UPEPA) – designed to stop lawsuits that punish people for speaking out on public issues.

SLAPP stands for Strategic Lawsuit Against Public Participation. These suits are often brought by wealthy or powerful plaintiffs – corporations, public figures, or institutions—against critics, journalists, activists, or everyday people. The goal tends to be to intimidate and silence through expensive, drawn-out litigation.

New Jersey’s Anti-SLAPP law gives defendants a tool to fight back. It allows courts to quickly dismiss meritless cases and award defendants attorney’s fees, court costs, and litigation expenses.

A recent Appellate Division decision, Satz v. Starr, No. A-2785-23, 2025 N.J. Super. LEXIS 39 (App. Div. May 29, 2025), underscores the growing power of New Jersey’s Anti-SLAPP protections. In Satz, the plaintiff voluntarily dismissed their complaint, possibly attempting to avoid having it thrown out under the Anti-SLAPP statute. The trial court initially ruled that this dismissal ended the matter and that the defendant could not proceed with a motion for attorney’s fees and costs. However, the Appellate Division reversed and held that voluntarily dismissing a SLAPP suit does not block a defendant’s right to seek recovery under New Jersey’s Anti-SLAPP law. To rule otherwise, the court noted, would create a “loophole” allowing plaintiffs to file abusive lawsuits, inflict financial harm, and then escape consequences by dropping the case.

Under the Anti-SLAPP statute (N.J.S.A. 2A:53A-50 et seq.), the process generally works like this: First, the judge decides whether the lawsuit targets free speech on a matter of public concern. If so, the defendant can ask the court to dismiss the complaint and recover fees – all without filing a separate lawsuit. The Anti-SLAPP law allows defendants to request dismissal and cost recovery within the original case, making the remedy more accessible and immediate.

This makes New Jersey’s Anti-SLAPP statute a powerful tool for defending free speech. It doesn’t just shield defendants – it helps them recover and hold SLAPP filers accountable.

If you think you’re the target of a SLAPP lawsuit, or have been sued for speaking out, don’t wait. New Jersey’s Anti-SLAPP law may protect you – and help you recover your costs. Contact Lieberman, Blecher & Sinkevich, P.C. today. We’re here to help you understand your rights and protect your voice.