Mendoza

The statute governing the “Megan’s Law” Web site (MLW) includes a provision prohibiting the “use of any information that is disclosed [on the MLW] ... for purposes relating to ... ... [][].. . Employment,” and a provision that “[a]ny use” of information disclosed on the MLW for such a purpose “shall make the user liable for . . . actual damages, . . . and attorney’s fees, exemplary damages, or a civil penalty not exceeding [$25,000].” (Pen. Code, § 290.46, subd. (Z)(2)(E), (4)(A).)

The anti-SLAPP (strategic lawsuit against public participation) statute provides that “[a] cause of action against a person arising from any act of that person in furtherance of the person’s right of . . . 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, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” (Code Civ. Proc., § 425.16, subd. (b)(1).)

The appeal before us today arises from a case in which the interests protected by the MLW statute meet face-to-face with the interests protected by the…