HARRISBURG, PA — Pennsylvania Governor Josh Shapiro recently signed into law a significant piece of legislation aimed at curbing frivolous lawsuits and defending freedom of speech. Act 72 of 2024, championed by state Rep. Ryan Bizzarro, will help protect individuals and organizations from Strategic Lawsuits Against Public Participation, commonly known as SLAPPs.
“The need and impetus for this legislation arose more than a decade ago when a nonprofit in Philadelphia was financially drained and facing bankruptcy from frivolous lawsuits because of their desire to advocate for the good of their community,” Bizzarro explained. “This law preserves free speech and it helps end intimidation by litigation.”
The new law establishes a mechanism to quickly dismiss SLAPP lawsuits through a court motion. If the court grants the motion, the defendants can recover legal fees and damages. This change aligns Pennsylvania with 30 other states that have passed similar laws to safeguard public participation.
Bizzarro’s bill, H.B. 1466, garnered wide-ranging bipartisan support. The House passed it unanimously in October 2023 and again in July on concurrence, with the Senate following suit on July 9.
“We’ve been hard at work for years, attempting to illustrate the merits of this legislation and convince my colleagues in the House and Senate about the benefits of enacting this law,” Bizzarro said. “Ultimately, we didn’t receive a single vote against this measure. The overwhelming bipartisan support illustrates the need for this law.” He also credited House Democratic Leadership for their pivotal role in passing the bill.
SLAPP lawsuits have historically been used to silence critics or deter individuals from speaking out on matters of public interest. By addressing these lawsuits, the new law aims to promote an open and free discourse, essential for a functioning democracy. It ensures that individuals and organizations can voice their concerns without fear of financially crippling legal battles.
The legislation also includes a “SLAPP back” provision. This means that if a party uses the SLAPP motion frivolously, the court will award legal fees and costs to the non-moving party, adding an extra layer of protection against misuse.
The implications of this new law are far-reaching. It not only protects free speech but also empowers citizens to participate in public debates and hold powerful entities accountable. The unanimous support from both liberal and conservative lawmakers, as well as organizations like the ACLU and Americans for Prosperity, underscores the broad agreement on the importance of this measure.
As Pennsylvania joins the growing list of states with robust anti-SLAPP laws, it sends a clear message: the state values and protects the voices of its citizens.
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