2024: Free Speech Protection Act Introduced in both House and Senate

On December 5, 2024, Representatives Jamie Raskin (MD-08) and Kevin Kiley (CA-03) introduced the Free Speech Protection Act, bipartisan legislation to protect individuals and organizations from frivolous lawsuits designed to chill free speech and political action. Senator Ron Wyden (D-OR) leads companion legislation in the Senate. 

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Idaho needs an anti-SLAPP law to ensure that free speech isn't reserved for the wealthy

Recent defamation suits in Idaho have highlighted the ability of wealthy parties to use frivolous legal claims to unfairly drain the resources of their less affluent opponents. Idaho is one of only 18 states who have no anti-SLAPP law on the books currently. Opinion writer Bryan Clark discusses the need for a state-wide anti-SLAPP law here.

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Singer Phoebe Bridgers prevails on anti-SLAPP motion in California

On November 9, a California judge dismissed the $3.8 million defamation lawsuit against Phoebe Bridgers based on California’s anti-SLAPP statute. Representatives for Bridgers stated that the lawsuit, filed by studio owner Chris Nelson, was filed for the sole purpose of causing harm to the star’s reputation and career. Read more about the suit here.

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Congressional hearing analyzes how fossil fuel companies weaponize lawsuits against free speech

At a hearing held by Rep. Jamie Raskin, members of the House Subcommittee on Civil Rights and Civil Liberties discussed whether fossil fuel companies use SLAPPs to intimidate free speech. Raskin noted that through these suits, individuals and civic groups who speak on climate-related issues can face expensive and protracted litigation levelled by the corporations. Read more about the discussion, which touched on global and domestic activism and the need for a federal anti-SLAPP law, in the House press release.

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Historical SLAPPs: NAACP v. Claiborne Hardware Co.

In 1982, the United States Supreme Court ruled that states cannot prohibit the peaceful protest of a political boycott. This ruling followed after a coalition of Black Mississippi citizens launched two boycotts against white businesses in the area. In response, the boycotted merchants filed a lawsuit in Mississippi state court. Despite not being labeled as such at the time, this suit was a Strategic Lawsuit Against Public Participation.

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New Jersey lawmakers aim to shut down frivolous SLAPP suits

New Jersey Assemblyman Raj Mukherji (D) and Sen. Joseph Lagana (D) introduced Bill A4393 in June. This legislation would provide an expedited motion to dismiss SLAPP suits in the state, which currently has no anti-SLAPP law. Modelled after the Uniform Public Expression Protection Act, the bill emphasizes the protection of free speech in all forms, including protests, publications, and more. Read more in the New Jersey Monitor.

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