WASHINGTON, DC – Today, Representatives Jamie Raskin (MD-08) and Kevin Kiley (CA-03) introduced the Free Speech Protection Act, bipartisan legislation to protect individuals and organizations from frivolous lawsuits designed to chill free speech and political action. Senator Ron Wyden (D-OR) leads companion legislation in the Senate.
Corporations and special interests have used strategic lawsuits against public participation, or “SLAPPs,” since the 1980s to target their opponents with burdensome litigation. Though many such suits often prove meritless, they are nonetheless effective at silencing, intimidating and discouraging dissent.
“Goliath triumphs over David in our justice system when powerful special interests can silence their critics with frivolous strategic lawsuits against public participation, or ‘SLAPPs,’” said Rep. Raskin. “Our Free Speech Protection Act?would protect people against the threat of crippling retaliation in the form of massive attorney’s fees and prolonged invasive discovery. Our legislation allows federal judges to quickly identify and dismiss SLAPPs when they creep up in the courtroom and compensate the victims for their costs. We call on Congress to stand up for free speech in America—and against litigation abuse—by advancing this legislation.”
“The Free Speech Protection Act will stop trial lawyers from abusing our justice system, clogging our courts, and silencing those they deem to have incorrect politics. Under this legislation, powerful interests will no longer be able to launch frivolous lawsuits intended to bankrupt everyday Americans. While many states have already instituted these protections, we need federal protections to guard all Americans’ First Amendment rights,” said Rep. Kiley.
“The rich and powerful are all too willing to use the legal system to bludgeon reporters, activists and whistleblowers with expensive lawsuits, even if the claims have no merit,” Sen. Wyden said. “I’m proud to lead the Free Speech Protection Act in the Senate and work with Reps. Raskin and Kiley to advance the proposition that federal judges should be able to end frivolous lawsuits and protect free speech from abusive legal threats.”
“Two-thirds of the states now have laws limiting frivolous lawsuits that seek censorship. Most pass with strong bipartisan support that is often nearly unanimous,” said David Keating, President of the Institute for Free Speech.” It’s time Congress caught up with the states. The Free Speech Protection Act addresses a critical gap in defending Americans’ First Amendment rights. The state laws often don’t apply in federal courts, so censors frequently file these abusive lawsuits there. This legislation would ensure defendants can quickly end meritless, speech-suppressing lawsuits in federal court and recover their legal costs. The next Congress should move quickly to consider this important bill, which is an excellent starting point for protecting Americans from this threat to free speech. I hope there will be helpful suggestions for improving it in committee. To protect free speech, Congress must soon pass the strongest possible Free Speech Protection Act.”
“The Free Speech Protection Act is an important bipartisan bill to protect the right of citizens, journalists, and activists to participate in public debates about issues that are important in their communities,” said Kirk Herbertson, U.S. Director for Advocacy and Campaigns, EarthRights International. “People across the political spectrum should be able to have a voice in decisions that affect their lives without fear of being sued into silence by those with more wealth or power. Courts are for seeking justice, not for retaliating against one's critics."
“We are proud to support this important measure to promote free speech and protect the free press against SLAPP lawsuits that are designed to prevent an individual or organization from exercising their First Amendment rights, and we applaud Rep. Raskin, Rep. Kiley and Senator Wyden for their leadership in championing these essential liberties.” said Danielle Coffey, President and CEO of News/Media Alliance.
“We’re thrilled to endorse the Free Speech Protection Act, which will extend federal protections against frivolous lawsuits to journalists, activists, and individuals across the political spectrum,” said Jenna Leventoff, Senior Policy Counsel at the ACLU. “Our First Amendment rights should not depend on the size of our bank accounts. This bill will ensure that judges can easily dismiss lawsuits that are designed to chill speech and drain people of resources simply for speaking their mind. We thank Reps. Raskin and Kiley, as well as Senator Wyden for helping to preserve a justice system that serves us all, not just the rich and powerful.”
Currently, 34 states and D.C. have anti-SLAPP laws, most of which passed with overwhelming bipartisan support to protect community groups, civic associations, and nonprofits against efforts by strategic actors to squash dissent, but no such legislation exists at the federal level. This gap opens the door to forum shopping and other avenues for SLAPP filers to evade state laws.
To address this gap, the Free Speech Protection Act establishes a procedure for federal courts to dismiss and deter SLAPPs. This legislation would:
- Allow federal judges to quickly identify and dismiss SLAPPs that target constitutionally protected speech and activity before the lawsuit consumes too much of the defendant’s time and resources;
- Prevent the SLAPP filer from using discovery to invade the privacy of the defendant while the case is being reviewed; and
- Allow federal judges to award attorney fees and costs to the victim of a SLAPP to reduce the cost burden and deter future exploitation of this tactic.
Rep. Raskin previously introduced anti-SLAPP legislation in the 117th Congress.
The following organizations endorse this legislation: American Booksellers for Free Expression; American Civil Liberties Union (ACLU); American Society for Collective Rights Licensing (ASCRL); Association of American Publishers; Authors Guild; California Anti-SLAPP Project; Center for Democracy & Technology; Committee to Protect Journalists; Earthjustice Action; EarthRights International; Electronic Frontier Foundation; First Amendment Foundation; Freedom of the Press Foundation; Greenpeace USA; Institute for Free Speech; International Corporate Accountability Roundtable (ICAR); Knight First Amendment Institute at Columbia University; Know Your IX, a project of Advocates for Youth; National Press Club; National Press Club Journalism Institute; National Press Club Press Freedom Committee; National Press Photographers Association (NPPA); National Women's Law Center; News/Media Alliance; No Business With Genocide; PEN America; Public Participation Project; Reporters Without Borders; Society of Composers & Lyricists (SCL); Society of Professional Journalists; Songwriters Guild of America (SGA); Student Press Law Center.
Find the bill text here.
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