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Chilling Effects from Anti-SLAPP Laws

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  • Schaufele, Brandon

Abstract

Anti-SLAPP legislation has proliferated across the US and Canada. SLAPPs are strategic lawsuits against public participation, "private claims whose objective is to chill opposition by limiting parties' ability to participate in public debate. SLAPPs involve a complementarity between a private harm, typically the tort of defamation, and an extra-judicial project, often a real estate development. This paper incorporates SLAPPS into a standard model of frivolous litigation, demonstrating that the economic implications of SLAPPs are narrower than frequently portrayed. A staggered adoption difference-in-differences research design is applied to empirically estimate the chilling effects of anti-SLAPP laws on construction investment and new home starts in Canada. Results demonstrate that anti-SLAPP laws do chill construction investment by roughly $80 million per month within Canadian cities. New starts of single family homes also decline by 120 per month relative to a counterfactual scenario where anti-SLAPP laws do not exist.

Suggested Citation

  • Schaufele, Brandon, 2022. "Chilling Effects from Anti-SLAPP Laws," MPRA Paper 113740, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:113740
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    File URL: https://mpra.ub.uni-muenchen.de/113740/1/MPRA_paper_113740.pdf
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    References listed on IDEAS

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    1. Alberto Galasso & Hong Luo, 2018. "When does Product Liability Risk Chill Innovation? Evidence from Medical Implants," NBER Working Papers 25068, National Bureau of Economic Research, Inc.
    2. Kaplow, Louis & Shavell, Steven, 1994. "Accuracy in the Determination of Liability," Journal of Law and Economics, University of Chicago Press, vol. 37(1), pages 1-15, April.
    3. Clément de Chaisemartin & Xavier D’Haultfœuille, 2023. "Two-way fixed effects and differences-in-differences with heterogeneous treatment effects: a survey," The Econometrics Journal, Royal Economic Society, vol. 26(3), pages 1-30.
    4. John C. Harsanyi, 1967. "Games with Incomplete Information Played by "Bayesian" Players, I-III Part I. The Basic Model," Management Science, INFORMS, vol. 14(3), pages 159-182, November.
    5. Galasso, Alberto & Luo, Hong, 2018. "How does product liability risk affect innovation? Evidence from medical implants," CEPR Discussion Papers 13036, C.E.P.R. Discussion Papers.
    6. James Heckman & Hidehiko Ichimura & Jeffrey Smith & Petra Todd, 1998. "Characterizing Selection Bias Using Experimental Data," Econometrica, Econometric Society, vol. 66(5), pages 1017-1098, September.
    7. Cooter, Robert D & Rubinfeld, Daniel L, 1989. "Economic Analysis of Legal Disputes and Their Resolution," Journal of Economic Literature, American Economic Association, vol. 27(3), pages 1067-1097, September.
    8. Callaway, Brantly & Sant’Anna, Pedro H.C., 2021. "Difference-in-Differences with multiple time periods," Journal of Econometrics, Elsevier, vol. 225(2), pages 200-230.
    9. Karen Bradshaw, 2021. "Stakeholder Dynamics in Land Development Projects," The Journal of Legal Studies, University of Chicago Press, vol. 50(S2), pages 53-70.
    10. Dettmann, Eva & Giebler, Alexander & Weyh, Antje, 2020. "Flexpaneldid: A Stata toolbox for causal analysis with varying treatment time and duration," IWH Discussion Papers 3/2020, Halle Institute for Economic Research (IWH).
    11. Katz, Avery, 1990. "The effect of frivolous lawsuits on the settlement of litigation," International Review of Law and Economics, Elsevier, vol. 10(1), pages 3-27, May.
    12. Altindag, Duha T. & Mocan, Naci & Zhang, Jie, 2021. "Freedom of Speech, Deterrence, and Compellence in the Parliament," IZA Discussion Papers 14308, Institute of Labor Economics (IZA).
    13. James J. Heckman & Hidehiko Ichimura & Petra E. Todd, 1997. "Matching As An Econometric Evaluation Estimator: Evidence from Evaluating a Job Training Programme," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 64(4), pages 605-654.
    14. Hurley, Terrance M., 1995. "Private participation in public policy: the economics of strategic lawsuits against public participation," ISU General Staff Papers 1995010108000011943, Iowa State University, Department of Economics.
    15. Goodman-Bacon, Andrew, 2021. "Difference-in-differences with variation in treatment timing," Journal of Econometrics, Elsevier, vol. 225(2), pages 254-277.
    16. Kaplow, Louis, 1994. "The Value of Accuracy in Adjudication: An Economic Analysis," The Journal of Legal Studies, University of Chicago Press, vol. 23(1), pages 307-401, January.
    17. Rosenberg, D. & Shavell, S., 1985. "A model in which suits are brought for their nuisance value," International Review of Law and Economics, Elsevier, vol. 5(1), pages 3-13, June.
    18. Sun, Liyang & Abraham, Sarah, 2021. "Estimating dynamic treatment effects in event studies with heterogeneous treatment effects," Journal of Econometrics, Elsevier, vol. 225(2), pages 175-199.
    19. Bebchuk, Lucian Arye, 1988. "Suing Solely to Extract a Settlement Offer," The Journal of Legal Studies, University of Chicago Press, vol. 17(2), pages 437-450, June.
    20. Duha T. Altindag & Naci H. Mocan & Jie Zhang, 2021. "Deterrence and Compellence in the Parliament," NBER Working Papers 28532, National Bureau of Economic Research, Inc.
    21. Alberto Galasso & Hong Luo, 2022. "When Does Product Liability Risk Chill Innovation? Evidence from Medical Implants," American Economic Journal: Economic Policy, American Economic Association, vol. 14(2), pages 366-401, May.
    22. Hurley, Terrance M. & Shogren, Jason F., 1997. "Environmental Conflicts and the SLAPP," Journal of Environmental Economics and Management, Elsevier, vol. 33(3), pages 253-273, July.
    23. Kate L. Antonovics & Richard H. Sander, 2013. "Affirmative Action Bans and the "Chilling Effect"," American Law and Economics Review, American Law and Economics Association, vol. 15(1), pages 252-299.
    24. Alberto Abadie & Guido W. Imbens, 2006. "Large Sample Properties of Matching Estimators for Average Treatment Effects," Econometrica, Econometric Society, vol. 74(1), pages 235-267, January.
    25. Bebchuk, Lucian Arye, 1996. "A New Theory Concerning the Credibility and Success of Threats to Sue," The Journal of Legal Studies, University of Chicago Press, vol. 25(1), pages 1-25, January.
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    More about this item

    Keywords

    Anti-SLAPP laws; chilling effects; civil procedure; frivolous lawsuits; real estate development; tort.;
    All these keywords.

    JEL classification:

    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • R31 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - Real Estate Markets, Spatial Production Analysis, and Firm Location - - - Housing Supply and Markets

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