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P1475 REVIEW DENIED In determining whether the SLAPP statute applies to statements made by public employees, the salient question is not whether the statements are protected under the First Amendment, but whether they fall within the statutory definition of conduct that the Legislature deemed appropriate for SLAPP motions; so even though the US Supreme Court has held that police officer statements in connection with a public proceeding are not protected by the First Amendment, the SLAPP statute may be applied to an action arising from them.CitationSCHAFFER v CITY AND COUNTY OF SF (Police Statements) 168 CA4 992 [See: CCP 425.16; Garcetti v Ceballos 547 US 410; Morales v Jones 494 F3 590]
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