Kapke & Willerth Attorney Mike Fleming Argues First Anti-SLAPP Case to the Kansas Court of Appeals

In 2016 the Kansas Legislature enacted an Anti-SLAPP statute.  See K.S.A. 60-5320(d).  An Anti-SLAPP statue is intended to limit the abilities of companies to bring lawsuits against individuals for making statements about the companies in online forums and various media sources.  Some companies will take legal action against individuals who make negative comments about the company in online posts including Facebook and comment sections of web pages.  The intent of these suits, in some situations, is to use the legal process to prevent individuals from posting negative information on line.  Anti-SLAPP statutes create certain affirmative defenses intended, in part, to protect the consumer’s right to free speech.  Kapke & Willerth lawyer Mike Fleming handled the appeal of the first case in the state of Kansas to address the recently enacted Anti-SLAPP statute.  Commentary on the case can be found in the most recent addition of The Journal of the Kansas Bar Association.