“There Is a Rush to Implement the Bill Before the Next Presidency,” Bill to Protect Against SLAPP Suits Gains Momentum

A new bill aimed at stopping the use of lawsuits to silence critics, commonly known as SLAPP suits, could offer much-needed protections for journalists, whistleblowers, and internet users. The legislation, called the “Free Speech Protection Act,” is being pushed by Reps. Jamie Raskin (D-MD) and Kevin Kiley (R-CA) in response to the growing concern about wealthy individuals using legal action to intimidate and suppress free speech.

SLAPP stands for “Strategic Lawsuits Against Public Participation,” a practice where lawsuits are used not necessarily to win, but to burden the defendant with costly legal fees and to discourage free speech. “A common example is a person suing a media outlet after unfavorable coverage—attempting to bankrupt journalists from lawyers’ fees, even if, in the end, the outlet wins the case,” explained Mother Jones reporter Sophie Hurwitz.

While SLAPP suits are already illegal in 34 states, no federal law currently exists to protect individuals from such tactics. The new bill would allow defendants to file a motion to dismiss a lawsuit by having the judge classify it as a SLAPP filing.

If the case is deemed a SLAPP, the person who filed the lawsuit would be penalized and required to pay the defendant’s legal and court fees. This provision is designed to deter the use of frivolous lawsuits meant to intimidate critics rather than seek justice.

“There is a rush to implement the bill before the next presidency,” Hurwitz wrote. She noted that former President Donald Trump and his companies have filed numerous defamation lawsuits against media outlets, including high-profile cases involving The New York Times and CBS.

Trump’s most recent lawsuit against CBS, which accused the network of “consumer fraud” in its editing of Kamala Harris’ “60 Minutes” interview, is one example of the types of cases the bill aims to address.

The issue was recently highlighted when Kash Patel, a potential Trump nominee to lead the FBI, sent a legal threat to former Homeland Security official Olivia Troye. Patel threatened to sue her unless she stopped accusing him of lacking the qualifications to serve in the position.

Troye’s lawyer, Mark Zaid, responded by challenging Patel to follow through with the lawsuit. Raskin introduced a similar bill in 2022, but it failed to pass. However, momentum has grown, with several states enacting anti-SLAPP laws in the intervening years. As lawmakers continue to push for the bill’s passage, it remains to be seen if the “Free Speech Protection Act” will gain the traction needed to become law.

Today, #KashPatel sent a letter to my counsel @markzaidesq.bsky.social threatening to sue & demanding I retract my MSNBC comments on his unfitness to serve as FBI Director. This follows his threats against media & political opponents, showing how he might act if confirmed. I stand by my statements.

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— Olivia of Troye (@oliviaoftroye.com) December 4, 2024 at 11:53 PM