Bill adds free-speech protection against frivolous 'SLAPP' lawsuits

A new state law provides some additional free-speech protection to Pennsylvania citizens and groups who find themselves in court after criticizing powerful interests, such as real estate developers or political figures.

House Bill 1466 was signed into law July 17 by Gov. Josh Shapiro, protecting free speech on public-sector issues and public reactions to governmental decisions and proposals. It does so by addressing what are called strategic lawsuits against public participation, or SLAPPs.

The law allows for quick dismissal of a lawsuit deemed by a judge to be frivolous and filed as a way to discourage criticism.

In 2000, Pennsylvania legislators added a narrow anti-SLAPP defense for citizens who spoke out about environmental issues, but subsequent attempts to expand it in 2015, 2017 and 2019 did reach the governor’s desk.

SLAPP lawsuits often attempt to silence critics using charges that include defamation, invasion of privacy, conspiracy, nuisance, intentional infliction of emotional distress or interference with contract or economic advantage.

State Rep. Ryan Bizzarro, D-Erie, cited the demise of Philadelphia’s Old City Civic Association in his memorandum to gather support for the bill.

The volunteer association was tasked with ensuring developers followed city zoning when developing properties in Philly’s historic Old City neighborhood. In 2012, a developer sued the association for more than $3 million claiming it had caused a development deal to fail, and a pub owner sued it for opposing new development plans.

As a result, the association was dropped by its insurance company and forced to disband.

“After the Senate Judiciary Committee held a hearing on SLAPPs in April 2014, it became clear that there were victims of SLAPPs across the Commonwealth,” Bizzarro said. “Citizens, community groups and other stakeholders testified to the insurmountable emotional, mental and financial effects SLAPPs can have on individuals and organizations.”

Thirty U.S. states have adopted some form of anti-SLAPP protection.

According to the new bill, if a motion to dismiss a lawsuit identifies it as a SLAPP, the defendants are able to recover attorney’s fees, costs and damages. Language in the bill adds that if a plaintiff brings a SLAPP lawsuit solely to cause an unnecessary delay, the court will award attorney’s fees and costs to the defendant.

“Despite the legal theories supporting the suit, the true purpose of a SLAPP is to deter or silence critics by burdening them with the costs of a legal defense,” Bizzarro said.

The bill passed both the House and Senate with unanimous support.