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Bipartisan Push to Shield Free Speech Targets Abusive Lawsuits
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A new bipartisan bill – the Free Speech Protection Act – has been introduced in the US Congress with the goal of improving ways to fight what are known as strategic lawsuits against public participation (SLAPPs).
We obtained a copy of the bill for you here.
Congressman Jamie Raskin and Kevin Kiley are behind the House proposal, while “companion” legislation in the Senate is sponsored by Ron Wyden.
SLAPPs are described as serving to chill both free speech and political action through litigation that is both frivolous in nature – and burdensome for those targeted by such lawsuits.
“Though many such suits often prove meritless, they are nonetheless effective at silencing, intimidating, and discouraging dissent,” a press release said.
The proposed legislation would prevent “Goliath triumphing over David,” as Congressman Raskin put it, by those with more money and power essentially abusing the judiciary and wearing down their opponents with huge legal costs and “prolonged invasive discovery.”
If the Free Speech Protection Act becomes law, its sponsors hope to rein in “the rich and powerful” both from draining those with fewer resources of money and in the process silencing people whose political views they consider “incorrect.”
Journalists, whistleblowers, and activists are likely to be subjected to meritless SLAPP lawsuits, the lawmakers note in their press release.
The legislative effort, which is supported by a number of civil rights groups, is meant to extend similar state laws to the federal level.
Although two-thirds of US states already restrict SLAPPs, in cases involving First Amendment free speech violations these laws do not apply – since they are tried in federal courts.
And those (ab)using the judicial system to their own end are aware of this and tend to file their SLAPPs in those courts, Institute for Free Speech President David Keating remarked, adding that this is why his group has supported the bipartisan and bicameral proposal.
The Free Speech Protection Act seeks to provide federal courts with a new mechanism to control SLAPPs, including by letting judges act quickly to identify when a SLAPP is going after constitutionally protected speech and dismiss such lawsuits.
Another provision is to prevent those filing SLAPPS from treating the discovery process as a privacy-invasive tool, and lastly, federal judges would be able to deter these lawsuits by awarding attorney fees to the victim – “to reduce the cost burden and deter future exploitation of this tactic.”
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