Anti-SLAPP Laws in Tennessee

At a glance

Requirements one by one

Governing law

The Tennessee Public Participation Act is in Tenn. Code Ann. §§ 20-17-101 to -110. The enacting act applies it to legal actions commenced on or after July 1, 2019 (2019 Tenn. Pub. Ch. 185, § 2). The filing date of the underlying action therefore matters, even if the speech dispute began earlier.

Protected activity

Section 20-17-103 covers constitutionally protected speech on a matter of public concern or religious expression, petitioning that encourages government consideration, and collective action on a matter of public concern. Its public-concern definition names health, safety, government, public figures, marketplace goods and services, and creative works. Whether a particular statement qualifies depends on the facts.

Petition and discovery

Section 20-17-104 permits a petition within 60 calendar days after service and lets the court accept one later. The response is ordinarily due at least five days before the hearing. Filing the petition stays discovery until the ruling, but a court can permit specified, limited discovery relevant to the petition for good cause.

Dismissal test

Section 20-17-105 sets three steps. The petitioner makes a prima facie showing that the action is based on, relates to, or responds to protected activity. The respondent then needs a prima facie case for every essential element of the claim. Even after that showing, the court must dismiss if the petitioner establishes a valid defense. Dismissal of the challenged action or claim is with prejudice under § 20-17-105(e).

Fees, appeal, and limits

If the court dismisses under the Act, § 20-17-107 requires an award of costs, reasonable attorney's fees, and expenses, plus any deterrent relief the court finds necessary. A respondent may receive costs and fees for a frivolous or delay-only petition only on the specific written findings the statute requires. An order granting or denying the petition is immediately appealable as of right under § 20-17-106. Section 20-17-108 excludes specified public enforcement actions and says the Act creates no separate private cause of action.

What trips people up

The 60-day filing period runs from service of the legal action, not from the speech itself (§ 20-17-104). A late petition requires the court's discretion. The discovery stay begins when the petition is filed; limited discovery requires a good-cause ruling.

Common questions

If the other party makes a prima facie case, is the petition over? No. Section 20-17-105(c) still requires dismissal if the petitioner establishes a valid defense.

Does losing a petition automatically require paying the other side's fees? No. Section 20-17-107(b) permits that award only after specific written findings that the petition was frivolous or filed solely for unnecessary delay.

Statutes and sources

• Tenn. Code Ann. § 20-17-101 — “This chapter shall be known and may be cited as the “Tennessee Public Participation Act.”” Official 2019 Public Chapter 185 (accessed 2026-10-06).
• Tenn. Code Ann. § 20-17-103(2) — ““Exercise of the right of association” means exercise of the constitutional right to join together to take collective action on a matter of public concern that falls within the protection of the United States Constitution or the Tennessee Constitution;” Official 2019 Public Chapter 185 (accessed 2026-10-06).
• Tenn. Code Ann. § 20-17-103 — ““Exercise of the right of free speech” means a communication made in connection with a matter of public concern or religious expression that falls within the protection of the United States Constitution or the Tennessee Constitution;” Official 2019 Public Chapter 185 (accessed 2026-10-06).
• Tenn. Code Ann. § 20-17-103(4) — ““Exercise of the right to petition” means a communication that falls within the protection of the United States Constitution or the Tennessee Constitution and: (A) Is intended to encourage consideration or review of an issue by a federal, state, or local legislative, executive, judicial, or other governmental body; or (B) Is intended to enlist public participation in an effort to effect consideration of an issue by a federal, state, or local legislative, executive, judicial, or other governmental body;” Official 2019 Public Chapter 185 (accessed 2026-10-06).
• Tenn. Code Ann. § 20-17-103(6) — ““Matter of public concern” includes an issue related to: (A) Health or safety; (B) Environmental, economic, or community well-being; (C) The government; (D) A public official or public figure; (E) A good, product, or service in the marketplace; (F) A literary, musical, artistic, political, theatrical, or audiovisual work; or (G) Any other matter deemed by a court to involve a matter of public concern;” Official 2019 Public Chapter 185 (accessed 2026-10-06).
• Tenn. Code Ann. § 20-17-104 — “If a legal action is filed in response to a party's exercise of the right of free speech, right to petition, or right of association, that party may petition the court to dismiss the legal action. Such a petition may be filed within sixty (60) calendar days from the date of service of the legal action or, in the court's discretion, at any later time that the court deems proper. A response to the petition, including any opposing affidavits, may be served and filed by the opposing party no less than five (5) days before the hearing or, in the court's discretion, at any earlier time that the court deems proper. All discovery in the legal action is stayed upon the filing of a petition under this section. The stay of discovery remains in effect until the entry of an order ruling on the petition. The court may allow specified and limited discovery relevant to the petition upon a showing of good cause.” Official 2019 Public Chapter 185 (accessed 2026-10-06).
• Tenn. Code Ann. § 20-17-105 — “The petitioning party has the burden of making a prima facie case that a legal action against the petitioning party is based on, relates to, or is in response to that party's exercise of the right to free speech, right to petition, or right of association. If the petitioning party meets this burden, the court shall dismiss the legal action unless the responding party establishes a prima facie case for each essential element of the claim in the legal action. Notwithstanding subsection (b), the court shall dismiss the legal action if the petitioning party establishes a valid defense to the claims in the legal action.” Official 2019 Public Chapter 185 (accessed 2026-10-06).
• Tenn. Code Ann. § 20-17-105(e) — “If the court dismisses a legal action pursuant to a petition filed under this chapter, the legal action or the challenged claim is dismissed with prejudice.” Official 2019 Public Chapter 185 (accessed 2026-10-06).
• Tenn. Code Ann. § 20-17-106 — “The court's order dismissing or refusing to dismiss a legal action pursuant to a petition filed under this chapter is immediately appealable as a matter of right to the court of appeals. The Tennessee Rules of Appellate Procedure applicable to appeals as a matter of right governs such appeals.” Official 2019 Public Chapter 185 (accessed 2026-10-06).
• Tenn. Code Ann. § 20-17-107 — “If the court dismisses a legal action pursuant to a petition filed under this chapter, the court shall award to the petitioning party: Court costs, reasonable attorney's fees, discretionary costs, and other expenses incurred in filing and prevailing upon the petition; and Any additional relief, including sanctions, that the court determines necessary to deter repetition of the conduct by the party who brought the legal action or by others similarly situated. If the court finds that a petition filed under this chapter was frivolous or was filed solely for the purpose of unnecessary delay, and makes specific written findings and conclusions establishing such finding, the court may award to the responding party court costs and reasonable attorney's fees incurred in opposing the petition.” Official 2019 Public Chapter 185 (accessed 2026-10-06).
• Tenn. Code Ann. § 20-17-108 — “Applies to an enforcement action that is brought in the name of the state or a political subdivision of this state by the attorney general, a district attorney general, or a county or municipal attorney;” Official 2019 Public Chapter 185 (accessed 2026-10-06).
• Tenn. Code Ann. § 20-17-108(6) — “Creates a private right of action; or” Official 2019 Public Chapter 185 (accessed 2026-10-06).
• 2019 Tenn. Pub. Ch. 185, § 2 — “This act shall take effect July 1, 2019, the public welfare requiring it, and shall apply to any legal action commenced on or after the effective date of this act.” Official 2019 Public Chapter 185 (accessed 2026-10-06).