About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



13 N. Ill. L. Rev. Supplement i (2022-2023)

handle is hein.journals/nnislwrsp13 and id is 1 raw text is: NORTHERN ILLINOIS UNIVERSITY
LAW REVIEW
VOLUME 13               FALL 2022               ISSUE 1
ONLINE JO URNAL
CONTENTS
ARTICLE
The New Rule to Deter SLAPPs
Robert A. Kudlicki III ..............................................................................................................1
A Strategic Lawsuit Against Public Participation (SLAPP) serves to intimidate and
chill the speech ofdefendants who are engaged in First Amendment protected forms ofspeech
and press. A SLAPP is not filed with the intention ofpresenting a legitimate claim against a
defendant; rather, it serves only to silence. Defendants face significant litigation costs during
a SLAPP; thus, they become fearful of speaking out and criticizing the plaintiff again in the
future. While some jurisdictions have protections against SLAPP suits, others have no
protection or only limited forms of protection from SLAPP suits. This article proposes
creating a new professional conduct rule for adoption by the American Bar Association that
specifically prohibits SLAPP suits. By implementing a new rule, attorney discipline and
attorney self-regulation can be utilized to deter SLAPP suits.