Illinois Anti-SLAPP Law: Will the Sun-Times Bring the Bite Back?
The Illinois anti-SLAPP* law is in the spotlight, and its effectiveness is under scrutiny. Designed to protect those who speak out on certain issue from spurious, retaliatory defamation claims, the Citizen Participation Act has lost its teeth over the years. But the Chicago Sun-Times is not backing down and has taken its fight to the Illinois Supreme Court.
The case? The Chicago Sun-Times is seeking to dismiss a defamation suit filed by Mauro Glorioso, a former state official. Glorioso claims the paper defamed him through its coverage of a property tax appeal for Trump Tower. The crux of the matter? Whether Illinois’ anti-SLAPP law can shield the Sun-Times.
Back in February 2020, Tim Novak, a reporter for the Sun-Times, published an article about misconduct allegations against Glorioso and a $1 million tax reduction for Trump Tower. Though the Office of Executive Inspector General found the allegations baseless, it did reveal that Glorioso had deleted files and emails in October 2020.
Glorioso's lawsuit disputed the portrayal of his actions as politically motivated and denied involvement in the decisions reported. The Sun-Times invoked the Citizen Participation Act, labeling Glorioso’s suit as a SLAPP. The trial court dismissed the anti-SLAPP action, and the Appellate Court affirmed. Among other reasons for the First District Appellate Court for affirming the decision was that the Sun-Times couldn’t prove its articles were solely meant to further its right to participate in government for favorable action. Glorioso v. Sun-Times Media Holdings, LLC, 2023 IL App (1st) 211526, ¶ 66.
Now, eyes are on the Illinois Supreme Court which just held oral arguments on the case. This case could redefine what counts as retaliatory action and test the strength of the Citizen Participation Act. Those handling defamation cases or representing news outlets are likely to watch for the Illinois Supreme Court’s decision.
If you have been defamed or are a defendant in a defamation suit, the attorneys at Phillips & Bathke, P.C. can help. We have extensive experience with both bringing and defending these claims.
*SLAPP stands for Strategic Lawsuit Against Public Participation