The Potential Weakening of Texas' Anti-SLAPP Law might be Resulting from Misguided Intentions
The Texas legislature is back in session, and once again, there's a push to weaken the Texas Citizens Participation Act (TCPA), the Lone Star State's anti-SLAPP law. This time around, bills like SB336, HB 2459, and HB 2988 are up for consideration. However, these bills overlook the real issue: the misuse of the judicial system to stifle free speech rights.
For instance, a proposed bill would eliminate the stay of a case while the denial of an anti-SLAPP motion is appealed, making it harder for defendants to fight back against abusive litigation. Another bill aims to make attorney fee awards discretionary for defendants, removing a powerful deterrent for abusive litigants. Yet, these bills ignore the importance of immediate appeal rights and mandatory attorney fee awards for defending against SLAPP suits, as proven by numerous court opinions.
Despite this, the push to change the TCPA persists. The reasoning behind this stems from misunderstandings, lobbying by special interest groups, political posturing, disagreements over procedural details, and the lack of consistency in state statutes. These factors contribute to the ongoing efforts to alter the TCPA, despite its effectiveness in safeguarding free speech and preventing abusive lawsuits.
While it's understandable that lawmakers might want to explore changes, it's crucial to approach this issue with caution and a deep understanding of the TCPA's purpose. Ignoring the heart of the matter—the misuse of the judicial system—could lead to further erosion of free speech protections.
References:[1] R. Powell, K. Duffy, M. Jernigan, R. Todd. (2021). "The Legislator's Guide to Anti-SLAPP Laws". Institute for Free Speech.[2] B. M. G. L. c. 231, 6D. (2022). Massachusetts Anti-SLAPP Statute.[3] National Conference of State Legislatures. (2022). "Anti-SLAPP Laws".[4] ABA Section of Litigation, Forum on Communications Law, Media Law Resource Center. (2021). "A Primer on Anti-SLAPP Laws".
- If SB336 or any similar bill passes, defendants in Texas may face increased attorney fees, as the proposal makes awards discretionary rather than mandatory.
- The threat of mandatory layoffs in law firms could be exacerbated if the Texas legislature succeeds in weakening the TCPA, given the significant time and resources required to defend against SLAPP suits.
- In a recent review of anti-SLAPP laws, the National Conference of State Legislatures emphasized the importance of maintaining immediate appeal rights for defendants, a provision currently protected by the TCPA.
- A successful SLAPP appeal could result in a reversal of the original judgment and the reimbursement of attorney fees for the defendant, a powerful incentive against filing abusive litigation.
- In light of these facts and court opinions, it's essential for the Texas legislature to reconsider bills like SB336 and HB 2459, which could undermine the TCPA's effectiveness in safeguarding free speech and preventing abusive lawsuits.
- The E86143f3fea7958f56b0ab6dd0c427ec report, published by the ABA Section of Litigation, Forum on Communications Law, Media Law Resource Center, highlights the positive impact of mandatory attorney fee awards on deterring abusive litigation.
