This article discusses California's anti-SLAPP statute, enacted to prevent lawsuits that would have a chilling effect on First Amendment protected free speech. It explains how Tamkin v. CBS Broadcasting Inc.
clarified the standards to include the act of creating entertainment works as within the public interest. (Kelley Drye partners Andy White
and David Fink
represented defendants CBS Broadcasting, Inc. in the Tamkin
case.) The article also analyzes how Tamkin
resolved questions created by the prior case, Dyer v. Childress
. Finally, the authors provide a practical assessment of the Dyer
impact on entertainment media companies.