Wilson v. Cable News Network, Inc.

Stanley Wilson (plaintiff), who was Black and Latino, worked for Cable News Network, Inc. (CNN) (defendant) for nearly two decades. CNN fired Wilson because Wilson allegedly plagiarized a story. Wilson sued CNN for employment discrimination, retaliation, and defamation. Although Wilson’s discrimination and retaliation claims were based, in part, on his termination, Wilson also alleged that CNN wrongfully failed to promote him and assigned him menial work. In his defamation claim, Wilson alleged that CNN told prospective employers about his alleged plagiarism. CNN moved to strike pursuant to California’s Strategic Lawsuit Against Public Participation (SLAPP) statute. Pursuant to that statute, a defendant could move to strike any claim that arose from the defendant’s actions taken in furtherance of its constitutional rights of petition or free speech on a public issue. CNN contended that Wilson’s claims were all based on CNN’s protected activity under the statute. Specifically, CNN contended that the conduct giving rise to Wilson’s claims was conduct in furtherance of CNN’s exercise of its free-speech rights in connection with a public issue or an issue of public interest. Wilson opposed CNN’s motion, arguing, in part, that the anti-SLAPP statute did not apply to employment-discrimination and retaliation claims. The superior court granted CNN’s motion. The court of appeal reversed, holding that anti-SLAPP motions could not defeat employment-discrimination and retaliation claims. The appellate court reasoned that it was the defendant’s discrimination and retaliation that gave rise to such claims and that discrimination and retaliation were not protected activities. The California Supreme Court granted review.