Defamation Defense and Free Speech in Texas: A Legal Deep Dive into the TCPA

Episode Summary: In this episode of Deals and Disputes, Jay Rudinger, partner at West Webb Allbritton & Gentry, explores the Texas Citizens Participation Act (TCPA)—an anti-SLAPP law aimed at protecting free speech, association, and petitioning rights. Jay explains how the law has evolved since its inception in 2011, where it has been stretched or misused in unexpected ways (like Little League disputes), and how recent amendments have reined it in. The episode dives into real-world applications, its impact on business and employment law, and the strategic importance of understanding TCPA in both filing and defending lawsuits in Texas.   Key Timestamps:   00:01 – Show Introduction 00:48 – What Is the TCPA and Why Was It Created? 02:15 – What Is a SLAPP Lawsuit? 03:10 – How the TCPA Became a Legal Sledgehammer 05:35 – Business and Employment Cases Affected by the TCPA 08:10 – The “Right of Association” and Misuse in Trade Secret Disputes 10:02 – How the Legislature Responded with Amendments 12:00 – Defamation in the Workplace and Social Media 14:25 – How Courts Interpret “Matters of Public Concern” 16:08 – Legislative and Judicial Adjustments Since 2019 18:22 – TCPA in Attorney Discipline and Malpractice Cases 20:50 – How Interlocutory Appeals Delay Cases for Years 23:10 – What the Definition Section of the TCPA Covers 25:45 – How Defense Attorneys Evaluate TCPA Eligibility 28:00 – Filing a Defamation Lawsuit Under TCPA Rules 30:30 – How to Prepare for TCPA If You're the Plaintiff 32:45 – Final Thoughts on Strategic Use and Legislative Narrowing 34:10 – Closing Remarks and Contact Info   About the Show: Deals and Disputes is a legal podcast from West Webb Allbritton & Gentry exploring real-world issues in business, litigation, and personal legal matters. Join our attorneys as they break down complex laws into clear, actionable insights for professionals, entrepreneurs, and individuals