TCPA protects the DEFENDANT’s speech

The TCPA says: “If a legal action is based on, relates to, or is in response to a party’s exercise of the right of free speech, right to petition, or right of association, that party may file a motion to dismiss the legal action.” Encore Enterprises, Inc. v. Shetty involved a Sabine Pilot claim in which the plaintiff alleged wrongful termination after raising concerns about tax issues. The Fifth Court affirmed the denial of the defendant corporation’s motion to dismiss, observing: “Here, Encore’s motion to dismiss did not argue that Shetty’s lawsuit is based on, relates to, or is in response to Encore’s communications about Shetty. Rather, Encore argued that Shetty’s lawsuit is based on Shetty’s communications to Encore about allegedly illegal activities that Encore maintains are matters of public concern.” No. 05-18-00511-CV (April 29, 2019) (mem. op.) (emphasis added).