Congress Must Protect Online Speech from Frivolous Lawsuits

by on February 3, 2016 · 0 comments

This article originally appeared at techfreedom.org.

Today, TechFreedom and a coalition of free-market groups urged Congress to protect Americans against malicious or frivolous litigation that threatens to stifle free speech and undermine the digital economy. In a letter to the House Judiciary Committee, the coalition called for passage of H.R. 2304, the SPEAK FREE Act, which would give defendants across the nation access to a special motion to dismiss SLAPPs (strategic lawsuits against public participation). The bill would also empower courts to shift fees, so that defendants who prevail on an anti­-SLAPP motion would not have to face legal costs.

The coalition letter reads:

Each year, a multitude of Americans fall victim to lawsuits called SLAPPs (strategic lawsuits against public participation) that are aimed at unfairly intimidating and silencing them. These kinds of lawsuits are highly effective, despite being without merit, since the legal costs, invasion of privacy, and hassle associated with fighting them is rarely considered a worthwhile use of individuals’ time.

SLAPPs threaten online free speech and the business models that thrive on consumer reviews,” said Tom Struble, Policy Counsel at TechFreedom. “Without an easy judicial mechanism to dismiss groundless lawsuits and shift fees, consumers and small businesses often have no choice but to relent to the demands of companies with deeper pockets. 28 states have already adopted anti-SLAPP standards — it’s time for Congress to do the same.”

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We can be reached for comment at media@techfreedom.org.

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