Anti-SLAPP Legislation Passes Unanimously in the PA State Senate

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Representative Ryan Bizzarro introduced an Anti-SLAPP bill which passed the PA House in October. Recently, the bill passed unanimously in the State Senate, and was supported by State Senator Dan Laughlin, even while in the midst of a SLAPP suit against the Erie Reader.

In October 2023, the Pennsylvania House of Representatives passed a bill (HB 1466) introduced by Ryan Bizzarro (D-Erie) to protect small businesses, individuals, and institutions from baseless, timely, costly lawsuits that attempt to restrict First Amendment rights. Referred to as SLAPP (Strategic Lawsuits Against Public Participation) lawsuits, these cases – generally civil lawsuits for defamation, nuisance, interference with contract, interference with economic advantage, or invasion of privacy – attempt to silence defendants who speak out on matters of public interest by putting them through a lengthy legal battle. The anti-SLAPP bill aims to dismiss these lawsuits before they begin, thereby saving independent entities the cost and stress of unnecessary court cases, with an additional provision to recoup costs incurred.

The anti-SLAPP bill recently passed unanimously in the Pennsylvania State Senate and now heads to Governor Shapiro's desk for approval.

The Erie Reader and former contributing editor Jim Wertz are currently in the midst of a lawsuit of this nature, perpetuated by State Senator Dan Laughlin, in an attempt to silence the Reader's First Amendment rights of free speech and freedom of the press. In a twist of irony, Senator Laughlin was one of the unanimous group to vote in favor of the anti-SLAPP legislation. If this bill becomes law, it will be precisely the type of lawsuit that Senator Laughlin is currently waging against the Erie Reader and Jim Wertz that will be prevented.

"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 Rep. Bizzarro. "I'm grateful my colleagues in the General Assembly agree that it's time to finally expand our SLAPP laws to protect our constitutional right to free speech."

According to a press release from Rep. Bizzarro, HB 1466 would create a process to quickly dismiss SLAPP lawsuits based on protection of free speech through a court motion. If the dismissal motion is granted, defendants may recover legal fees and damages from the lawsuit.

"After more than a decade of advocacy on this issue, we celebrate this commonsense, bipartisan legislation that is nearly across the finish line," said Elizabeth Randol, legislative director of the ACLU of Pennsylvania. "HB 1466 will make Pennsylvania a leader in protecting the free speech of consumers, journalists, whistleblowers, and anyone else who speaks truth to power in the commonwealth."