ATA

The trial court denied appellant’s special motion, under Code of Civil Procedure section 425.16, to strike respondent’s action for injunctive relief and granted respondent’s request for a preliminary injunction. We conclude that the causes of action alleged against appellant arise from acts taken by appellant in furtherance of its right to free speech and that respondent failed to show a probability of success on the merits due to appellant’s constitutional defense to the action. We reverse the judgment.

Statement of Facts and Procedural History

Appellant American Taxpayers Alliance (hereafter ATA or appellant) is a nonprofit corporation which was ostensibly organized to “engage in legislative activities” on “issues that affect the American taxpayer,” primarily revision of the Social Security system. In June of 2001, the ATA financed the production and presentation of a television advertisement that was patently critical of the management of “California’s energy problems” by Governor Gray Davis, who was then a candidate for reelection in 2002. The advertisement presents blurred film of Governor Davis, and other darkened, obscure visual images. The audio portion…