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About me

I have specialized in First Amendment and anti-SLAPP
issues since 1993, and have written and lectured widely on the
California anti-SLAPP law.  My anti-SLAPP expertise has been recognized
in four appellate opinions.  I am a 1972 graduate of Harvard Law
School and a member of the California Bar.  I have prevailed in many SLAPP cases, including seven resulting in published appellate opinions, including the first such opinion by the California Supreme Court.

I am also President of the Board of Directors of the Public Participation Project, which is leading the campaign for federal anti-SLAPP legislation.


Photos and videos

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Practice areas


  1. Libel: 50%
    23 years
  2. Appeals: 20%
    21 years
  3. Constitutional: 10%
    23 years
  4. Internet: 10%
  5. Media: 10%
    23 years



Free consultation (15 minutes)

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Attorney endorsements

6 total 

Are you an attorney? Endorse this lawyer

  • Shanti Esa Michaels

    Mark is a knowledgeable advocate who cares about protecting our rights to constitutional free speech, improving society and his clients. I would and do recommend Mark to those looking for an attorney in his area.


    Shanti Michaels Litigation Attorney
    Relationship: Worked for lawyer

  • Eugene David Lee

    I endorse this lawyer. Mark is an outstanding advocate whose knowledge of the law and caselaw is both vast and deep. He is both passionate and committed to his clients. Mark is clearly at the top of his game and I do not hesitate to recommend him to anyone lucky enough to retain him.


    Eugene Lee Employment & Labor Attorney
    Relationship: Worked together on matter

Contact info

2903 Sacramento St
Berkeley, CA, 94702


We have not found any instances of professional misconduct for this lawyer.
Avvo contributions
Legal answers
Award nameGrantorDate granted
James Madison Freedom of Information AwardSociety of Professional Journalists, Northern California Chapter1992
Work experience
TitleCompany nameDuration
DirectorCalifornia Anti-SLAPP Project1991 - Present
Association namePosition nameDuration
Los Angeles County Bar AssociationMember2010 - Present
Legal cases
Case nameOutcome
Briggs v. Eden Council for Hope & Opportunity (1999) 19 Cal.4th 1106California Supreme Court affirmed trial court's decision to grant our client's anti-SLAPP motion and strike the complaint. The trial court awarded more than $425,000 for attorneys fees and costs.
Barrett v. Rosenthal (2006) 40 Cal.4th 33Entire lawsuit was dismissed as to our client, after a trip to the California Supreme Court, and more than $434,000 was awarded for attorneys fees and costs.
Church of Scientology v. Wollersheim (1996) 42 Cal.App.4th 628The lawsuit against our client was dismissed, pursuant to his anti-SLAPP motion. More than $428,000 in fees were awarded.
See all legal cases 
Publication nameTitleDate
Daily JournalCourt throws out lawsuit against farmworkers' union2014
Pincus Professional Education2013 SLAPPs Case Law Update2014
Daily JournalPre-election challenges are protected activity2013
Daily JournalFurther evidence of a need for a federal anti-SLAPP law2013
Pincus Professional Education2012 SLAPPs Case Law Update2013
Daily JournalAnti-SLAPP Turns 20: A Look Back at the Milestones2012
Daily JournalCourt of Appeal Rules 95 Year-old Defamation Statute Unconstitutional2012
Daily JournalAnti-SLAPP: Why We Need a Federal Counterpart2012
Daily JournalAnti-SLAPP Protections Strengthened for Attorneys and Businesses2011
Review of European Community and International Environmental LawThe Public Participation Act: A Comprehensive Model Approach to End Strategic Lawsuits Against Public Participation in the USA2010
sitejabber.comThe Need for Federal Anti-SLAPP Legislation2010
Daily JournalAct Removes Major Obstacles to Filing of SLAPPback Suits2006
Daily JournalJuly a SLAPP-Happy Month at State High Court2006
Daily JournalAmendment, Rulings Work to End Abuse of Anti-SLAPP Law2005
Daily JournalPublished Opinions About Anti-SLAPP Matters Surge2004
Daily JournalCourts Refuse to Expand Application of SLAPP Law to New Facts in 20032004
Daily JournalMuch Activity Highlights This Year for Cases, Legislation on Anti-SLAPP Law2003
Daily JournalState Courts Had 20 Opinions in 2002 Involving SLAPP Law2003
Daily JournalMeasure Revives Original Intent of Anti-SLAPP Law2003
Daily JournalBreadth and Limits: Recent Decisions Flesh Out the Parameters of the SLAPP Statute2001
Daily JournalSpeech Defense: Recent Decisions Broadly Interpret SLAPP Statute2001
School nameMajorDegreeGraduated
Harvard University Law SchoolLawJD - Juris Doctor1972
University of California - Santa CruzPoliticsBA - Bachelor of Arts1969
Speaking engagements
Conference nameTitleDate
Los Angeles Law Library MCLE ProgramThe Anti-SLAPP Statute: What Every Litigator Needs to Know2014
Pincus Professional Education 6th Annual ConferenceUnderstanding SLAPPs: Process and Procedure from Initiation Through Appeal2013
myLawCLE ProgramSLAPP Litigation: Free Speech in the Commercial and Political Context2013
Alameda County Law Library MCLE ProgramCalifornia Anti-SLAPP Law2013
Santa Clara County Bar AssociationUsing and Understanding the California Anti-SLAPP Laws2011
Pincus Professional Education 4th Annual ConferenceUnderstanding SLAPPs: Process and Procedure from Initiation Through Appeal2011
Alameda County Bar Association seminarThe California Anti-SLAPP Law: Powerful Dispositive Motion and Trap for the Unwary2011 program on California Anti-SLAPP LawThe California Anti-SLAPP Law2010
CELA 23rd Annual ConferenceWhen Defendants Strike Back!2010
Federalist Society Forum on Anti-SLAPP LawPending Legislation Related to SLAPPs2009
Santa Clara County Bar Association seminarCalifornia Anti-SLAPP Law2008
49th Annual Meeting of Association of Defense Counsel of Northern CaliforniaAnti-SLAPP: It's Not Just for Defamation2008
Labor Coordinating Committee Western Regional MeetingAnti-SLAPP Law and Practice2006
State Bar Annual MeetingThe California Anti-SLAPP Statute: Use and Abuse2005
Berkeley-Albany Bar Association seminarThe Anti-SLAPP Law2005
Bar Association of San Francisco seminarANTI-SLAPP MOTIONS: What They Are and How to Use Them2005