Washington, D.C. — U.S. Senator Ron Wyden, D-Ore., today introduced the Free Speech Protection Act, bipartisan legislation to protect individuals and organizations from frivolous lawsuits designed to chill free speech and political action. Representatives Jamie Raskin, D-Md., and Kevin Kiley, R-Calif., led companion legislation in the House.
Corporations and special interests have used strategic lawsuits against public participation, or “SLAPPs,” since the 1980s to target their opponents with burdensome litigation. While many such suits often prove meritless, they are nonetheless effective at silencing, intimidating, and discouraging dissent.
“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,” Wyden said. “I’m proud to lead the Free Speech Protection Act in the Senate and work with Representatives 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.”
“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,’” Raskin said. “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,” Kiley said. “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.”
Currently, 33 states, including Oregon, 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 federal legislative gap opens the door to forum shopping and other avenues for SLAPP filers to evade state laws.
The Free Speech Protection Act would establish a procedure for federal courts to dismiss and deter SLAPPs by:
- Allowing 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;
- Preventing the SLAPP filer from using discovery to invade the privacy of the defendant while the case is being reviewed; and
- Allowing 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.
“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 Representative Raskin, Representative 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. 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 Representatives 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,” said Jenna Leventoff, Senior Policy Counsel at the ACLU.
The legislation is endorsed by American Booksellers for Free Expression, American Civil Liberties Union, American Society for Collective Rights Licensing, 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, 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, National Women’s Law Center, News/Media Alliance, No Business With Genocide, PEN America, Public Participation Project, Reporters Without Borders, Society of Composers & Lyricists, Society of Professional Journalists, Songwriters Guild of America, Student Press Law Center.
The text of the bill is here.
A web version of this release is here.