Bidbay.com, Inc. and George Tannous v. Bruce Spry Jr.
BidBay, an online auction site, filed a lawsuit in California against an individual for posting allegedly defamatory comments on an Internet message board. The defendant denied that he posted the messages and filed an anti-SLAPP motion. The trial court denied the motion on the grounds that, because defendant denied making the statements, the lawsuit could not chill his speech and therefore the anti-SLAPP statute is inapplicable. Defendant has appealed the decision; this is his opening brief in the appeal.
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