Marek v. Phi Theta Kappa Honor Society

Phi Theta Kappa filed suit against Toni Marek seeking to stop publication of her book, which alleged sexual assault, retaliation and other misconduct by leaders of the honor society. The trial court granted Phi Theta Kappa’s petition for a temporary restraining order, enacting a prior restraint on Marek’s publication. Marek retained counsel, who successfully got the temporary restraining order dissolved and who successfully defeated Phi Theta Kappa’s preliminary injunction motion. Phi Theta Kappa then filed a nonsuit, effectively voluntarily dismissing the suit, but not before Marek filed an anti-SLAPP (Strategic Lawsuit Against Public Participation) motion under the Texas Citizens Participation Act. The trial court denied Marek’s anti-SLAPP motion, rejecting her request for attorney’s fees, costs, and sanctions against Phi Theta Kappa.

On appeal, FIRE argues as amicus that it was error to deny Marek’s anti-SLAPP motion. As FIRE explains, anti-SLAPP statutes play a vital role in thwarting lawsuits that seek to impose prior restraints, like the one Marek faced.