Fla. Stat. § 768.295 applies to SLAPPs brought by the government in response to the exercise of “the right to peacefully assemble, the right to instruct representatives, and the right to petition for redress of grievances before the various governmental entities” of Florida.

Fla. Stat. § 720.304 (4) applies only to homeowners in a homeowners’ association. It protects a homeowner’s exercise of “the right to instruct his or her representatives or the right to petition for redress of grievances before the various governmental entities” of Florida. The statute, which applies to SLAPPs brought by individuals, business associations, and government entities, further explains that it is aimed at protecting against lawsuits arising out of a homeowner’s “appearance and presentation before a governmental entity on matters related to the homeowners’ association.”

Fixed!

And, (as the linked analysis points out), the underlying legal theories upon which it relies range from dubious to outright incorrect. Some could possibly be cured by repleading, while others are hopeless because they rely on causes of action that don’t exist.

The linked analysis omits the fact that the complaint fails to properly plead diversity jurisdiction — the citizenship of the corporate defendant isn’t specified — although the complaint could theoretically have relied upon federal question jurisdiction for the copyright claim, if the copyright claim had been properly pleaded.

(The photo montage of which Professor Jones complains, by the way, is scandalous. It is also priceless.)