Gibson

FACTS AND PROCEDURAL HISTORY

On March 28, 2012, Neil B. Gibson filed a complaint against Fleming, alleging causes of action for libel, slander, intentional infliction of emotional distress, and misappropriation of the common law right of publicity. Gibson alleged that Fleming stated falsely in Internet blogs and other web-based communications that Gibson

1 All further statutory references are to the Code of Civil Procedure. committed fraud, associated with organized crime, and threatened Fleming. Gibson also alleged that Fleming falsely stated that Gibson was a "[t]errorist," a "[s]py," and the "[f]amous Philipino Phanthom." On June 15, 2012, Fleming filed an "anti-SLAPP" motion, asserting that the complaint arose from constitutionally protected activity. (§ 425.16, subd. (b)(1) ["A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike"]; Barrett v. Rosenthal (2006) 40 Cal.4th 33, 41, fn. 4 [web sites accessible to the public are "public forums" for…