In this article, I discuss a California Court of Appeal decision with important implications for public records requesters and anti-SLAPP law. In Iloh v. Regents of the University of California, the court reversed a trial court and held that a public records request made as part of news-gathering can qualify as protected activity under California’s anti-SLAPP statute, even if no cause of action was filed against the requester. The court also allowed a real party in interest to bring an anti-SLAPP motion in a mandamus proceeding. The ruling confirms that public records requests tied to reporting may be shielded from lawsuits that threaten free speech and participation, though questions about its broader application remain.
