Anti-SLAPP Legislation Introduced in House

said. “These lawsuits, known as SLAPPs (Strategic Lawsuits Against Public Participation), pose a threat not only to free speech, but to the modern information economy,” the release said. “Protecting our right to free speech drives economic opportunity by paving the way to new forums for expression, like YouTube, or by facilitating the rise and fall of products or services through competition and honest buyer feedback,” it said. The legislation would create a federal anti-SLAPP law similar to the state laws in effect in Texas and California, “where expensive court proceedings are delayed and claims can be dismissed if the defendant can show that a SLAPP suit cannot succeed on the merits,” the release said. “The SPEAK FREE Act ensures nationwide protections against SLAPPs without preempting strong state laws like California’s pioneering anti-SLAPP law,” Eshoo said. “If you post an honest review on sites like Yelp or TripAdvisor, or if you stand up and voice your opinion about any issue of concern for you or your community, you shouldn’t have to fear being silenced by someone with money to burn who is abusing our legal system,” Farenthold said. “Most of us are familiar with the expression ‘I disapprove of what you have to say, but I will defend to the death your right to say it.’ That attitude toward free speech is more important than ever in the information age,” he said. The bill is co-sponsored by Reps. Darrell Issa, R-Calif., Trent Franks, R-Ariz., and Jared Polis, D-Colo. Information Technology and Innovation Foundation Vice President Daniel Castro called the bill a “necessary policy reform,” in a news release. If a patient endures a terrible visit to the dentist and posts a factual account of her experience online, he or she shouldn't be threatened with a lawsuit if the post isn't taken down, Castro said. SLAPPS are “designed to censor public speech by invoking the court system to intimidate critics and prevent bad publicity,” he said. It’s often easier for a defendant to retract an unflattering statement than to fight the lawsuit, even if it’s true, because state laws insufficiently protect online speech, Castro said. "While certain states have passed laws to stem the tide of meritless lawsuits filed for the sole purpose of stifling public debate, it is time that we address the issue on a federal level," said Internet Association CEO Michael Beckerman. “The right to free speech -- including online reviews and comments from customers -- is critical to our rights as Americans and should not be curtailed,” he said. “After more than six years of hard work, and with support from more than 100 organizations and businesses, for the first time a bi-partisan bill to enact federal anti-SLAPP legislation has been introduced in Congress,” said Public Participation Project (PPP) founder and Board President Mark Goldowitz, also director of the California Anti-SLAPP Project. “While some states have combated this form of bullying by enacting anti-SLAPP laws, almost half of the states do not have legislation that protects against SLAPPs,” said the PPP news release. This allows plaintiffs to file their SLAPPs in jurisdictions where anti-SLAPP protections are absent or weak, it said. “Federal anti-SLAPP legislation would close these loopholes and protect Americans in all states and at the federal level from SLAPPs.”