In sum, despite their pro-speech intent, anti-SLAPP laws are typically used by media conglomerates and Big Tech companies to punish individuals who dare to fight back against being libeled or censored. These laws are not narrowly targeted to protect speech, but sloppily drafted so as to place insurmountable burdens on ordinary citizens seeking to fight back against powerful entities.

Libel and deplatforming victims are frequently unemployable and incapable of raising money due to censorship — recall that Rittenhouse was thrown off GoFundMe when he tried to raise money for his legal fees. The threat that a libel victim will have to pay the legal fees of the wealthy corporations that have slandered them is often enough to prevent the victim from bringing suit in the first place.

Overturning Sullivan would be quite difficult, requiring a Supreme Court ruling or constitutional amendment. By contrast, there is nothing stopping states from repealing their anti-SLAPP laws and allowing ordinary citizens a level playing field on which to fight back against Big Media and tech companies in court.