Krasnicki v. Tactical Entertainment, LLC
Dallas Court of Appeals, No. 05-18-00463-CV (May 17, 2019)
Justices Bridges, Partida-Kipness (opinion available here), and Carlyle
Krasnicki filed a motion to dismiss Tactical’s lawsuit under the Texas Citizens Participation Act (TCPA), alleging that Tactical’s claims against him were based on or related to his exercise of free speech. The trial court disagreed, and so did the Dallas Court of Appeals. The TCPA provides a procedure for expeditiously dismissing a non-meritorious legal action that is based on, relates to, or is in response to the party’s exercise of the right of free speech. “Free speech” is defined as a communication made in connection with a matter of public concern, and “communication” is defined as the making or submitting of a statement or document in any form or medium, including oral, written, audiovisual, or electronic. Here, Tactical’s claims focused on Krasnicki’s silence—or failure to disclose—rather than affirmative statements. The Court held that “communications” could not be interpreted to include “non-communication,” and so the TCPA did not apply.