HARRISBURG (TNS) — In the midst of trying to nail down an overdue state budget, Pennsylvania lawmakers passed a bill 10 years in the making, aimed at curbing frivolous lawsuits and expanding and protecting First Amendment rights.
“Freedom of speech is about the right to publicly call out deception, malfeasance and corruption by any powerful actor,” said Mike Lee, executive director of the ACLU of Pennsylvania. “HB 1466 will go a long way in preventing powerful individuals and entities from weaponizing the courts against criticism that they don’t like.”
The bill, which passed both the House and Senate unanimously, focuses on Strategic Lawsuits Against Public Participation, referred to as SLAPP lawsuits — civil lawsuits with no real basis, levied at a person or company speaking out about a matter of public interest.
The goal of SLAPP suits is to entangle the person or company in a legal battle, causing them to simply stop engaging with the public on an issue because of high legal costs.
Pennsylvania currently has protections against SLAPP lawsuits involving environmental laws and regulations, but not for other speech. Thirty states have some form of anti-SLAPP protection, and the new bill expands Pennsylvania’s SLAPP protections.
House Bill 1466 would place at timeline on litigation, forcing judges to hear oral argument within 60 days of the original filing. It also creates a process to dismiss SLAPP lawsuits through a court motion based on free speech.
If the motion is granted, defendants would be given legal fees and damages from the lawsuit. If defendants use the SLAPP motion in a frivolous way, the court will then award legal fees to the other party.
The measure has been a long time coming. The Senate Judiciary Committee held a hearing on SLAPP suits in 2014, after the Old City Civic Association in Philadelphia was forced to close its doors because of several such lawsuits.
SLAPP suits have also been used in the #MeToo movement, silencing women who spoke out against their abusers.
“HB 1466 will make Pennsylvania a leader in protecting the free speech of consumers, journalists, whistleblowers, and anyone else who speaks truth to power in the commonwealth,” said Elizabeth Randol, legislative director of the ACLU of Pennsylvania.
Rep. Ryan Bizzarro, D-Erie County, the prime sponsor of the legislation, introduced anti-SLAPP legislation in 2017. The bills initially got no footing, but Bizzarro has been working ever since to engage with all parties represented in the bill, like the ACLU, Americans for Prosperity, the Pennsylvania Bar Association and the Pennsylvania NewsMedia Association.
“I’m a huge advocate for the First Amendment and I think we should be protecting all forms of free speech,” Bizzarro said. “In an era where we are almost paralyzed by partisan politics, the fact that we were able to get unanimous support in both chambers goes to show the amount of work put in for all parties.”
The bill is now headed to Gov. Josh Shapiro’s desk.
