In a healthy democracy, people need to be able to speak truth to power. Whether you’re a journalist working on a controversial story, an activist challenging corporate or government power, or a person simply calling out the bad practices of a business, making positive change starts with uncovering and speaking the truth.
But what if the rich and powerful were able to silence the voices seeking to hold them accountable? What if those in power could weaponize the legal system to go after critics and tie them up in lengthy and expensive litigation? Unfortunately, in some states, this is a stark reality.
SLAPP suits (Strategic Lawsuit Against Public Participation) are civil lawsuits filed against people or organizations who speak out on issues of public interest or concern, often as a claim of defamation, invasion of privacy, nuisance, or other type of complaint.
These lawsuits have become a common tool for intimidating and silencing criticism through expensive, baseless lawsuits. The threat of legal action as a means to prevent free speech has been used to silence whistleblowers, journalists, civil society advocates, political protesters, and everyday people who exercise their constitutional right to speak about issues of public concern.
The good news is, after more than a decade of advocacy by the ACLU of Pennsylvania, the Pennsylvania NewsMedia Association, Americans for Prosperity, and many others, a new state law has created new protections for Pennsylvanians from SLAPP lawsuits.
In a nearly impossible feat, HB 1466—this session’s SLAPP reform bill—was passed unanimously by both the Pennsylvania House and Senate. Governor Shapiro signed the bill into law on July 17th as Act 72 of 2024.
Until this year, the commonwealth did have anti-SLAPP protections on the books, but Pennsylvania’s anti-SLAPP law was needlessly narrow and only protected communications to government agencies about environmental laws and regulations. In fact, the Institute for Free Speech graded PA's anti-SLAPP law a D-minus on their anti-SLAPP report card last year.
Act 72 greatly expands Pennsylvania’s anti-SLAPP protections.
At its core, this new law is designed to deter SLAPP suits by allowing judges to quickly dismiss frivolous claims and to force those who file a SLAPP suit to pay for the costs of the litigation. The law builds on the Uniform Public Expression Protection Act, becoming the ninth state to enact law based on this model act.
Importantly, Act 72 protects all expression on any matter of public concern. It also minimizes the costs that a defendant might be subject to if the matter does go to court and it forces plaintiffs to prove that they have a legitimate case or face swift dismissal to minimize court costs. Finally, Act 72 gives defendants the right to immediate appeal and puts plaintiffs on the hook for attorney and court fees if their lawsuit is determined to be a SLAPP suit.
Thanks to this new law, reporters, whistleblowers, advocates, consumers, and ordinary Pennsylvanians can speak freely without fear of facing costly lawsuits standing in the way of their First Amendment rights. This guarantees the best chance of open and robust public dialogue throughout the commonwealth.
The passage of this bill is a huge win for freedom of speech and for Pennsylvanians who seek to hold powerful individuals and corporations accountable.
For more information and anti-SLAPP resources, visit the Speak Free PA coalition website.
