Pratt v. McMahon [1]

Jeffrey Pratt, a lawyer at the California law firm Peters & Freedman, sued
Elizabeth and Arnold McMahon for libel and invasion of privacy based on statements they posted on their website, American Homeowners Resource Center [2], which describes itself as a “public interest interactive website for homeowners” to "help citizens in homeowner associations . . . take back their homes from the two generations of crooked lawyers, politicians, judges and vendors who have stolen them."

Pratt asserts in his complaint that the McMahons falsely accused him and the firm, which specializes in homeowners’ association law, of committing illegal and unprofessional conduct while representing homeowners associations in various lawsuits. The law firm also sued the McMahons for libel. See the related entry, Peters & Freedman, LLP v. McMahon [3], for more information.

On December 13, 2006, the McMahons filed a motion under California's anti-SLAPP statute [4] to strike the complaint, arguing that the plaintiff's claims arose from the exercise of their constitutional rights to freedom of speech and to petition for the redress of grievances.

On January 17, 2007, the court denied the motion to dismiss, and a California appellate court affirmed, holding that the comments “do not concern a public issue."