HARRISBURG, PA — A significant stride in the preservation of free speech has been taken in Pennsylvania. On Wednesday, State Rep. Ryan Bizzarro (D-Erie) announced that, after years of controversy, a long-debated bill against Strategic Lawsuits Against Public Participation (SLAPPs)—lawsuits known for stifling public expression—is now bound for the governor’s desk.
House Bill 1466 is set to challenge and control SLAPP lawsuits, which have been traditionally employed to intimidate and muzzle those expressing views on public interest topics. By designing a swift process for SLAPP suits’ dismissal, the bill aims to guard free speech and potentially soften the daunting financial blow of legal fees and damages for defendants.
SLAPP lawsuits serve less as a route to justice, but more as a weapon to suppress a party’s freedom of speech by burdening them with the hefty costs of legal defense. Despite the lawsuit’s grounds—be it defamation, abuse of process, or intentional infliction of distress—the real intent behind a SLAPP is to silence critics, causing a chilling effect on open public discourse.
Rep. Bizzarro lamented previous successes of such petty lawsuits in stifling opposition. “It’s unconscionable that these petty lawsuits have been successful in muzzling opposition in the past. Pennsylvanians should be able to speak freely without worrying about being silenced or getting saddled with legal costs,” said Bizzarro.
The bill also includes a ‘SLAPP back’ clause, crafted to deter the misuse of SLAPP motions. If a party frivolously uses the SLAPP motion, the court will impose legal fees and costs on them, favoring the non-moving party.
House Bill 1466 has successfully navigated both chambers, now awaiting Gov. Josh Shapiro’s signature, which would turn it into law. The bill’s progression signifies a crucial step in protecting the freedom of speech, a cornerstone of our democracy.
The bill’s inception was inspired by the unfortunate closure of the Old City Civic Association in Philadelphia, which folded due to a barrage of SLAPP lawsuits rendering it impossible to secure insurance. The bill seeks to prevent such disheartening incidents and embolden individuals and organizations across the state to continue their noble work without the dread of crippling lawsuits.
Currently, Pennsylvania only offers limited protection from SLAPP lawsuits, confined to environmental law and regulations. House Bill 1466, providing statewide anti-SLAPP measures, marks a leap towards more comprehensive legal safeguards for public expression, placing Pennsylvania alongside the 30 other states and the Territory of Guam that already have such regulations in their statute books.
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