Bizzarro’s bill to end frivolous lawsuits signed into law
Years of work pays off for Erie lawmaker with progress, bill signing
Rep. Ryan Bizzarro July 18, 2024 | 12:13 PM
HARRISBURG, July 18 – The governor’s signature marked the culmination of years of work by state Rep. Ryan Bizzarro to enact a law to end frivolous lawsuits and preserve freedom of speech.
“The need and impetus for this legislation arose more than a decade ago when a nonprofit in Philadelphia was financially drained and facing bankruptcy from frivolous lawsuits because of their desire to advocate for the good of their community,” Bizzarro said. “This law preserves free speech and it helps end intimidation by litigation.”
Act 72 of 2024, signed Thursday by Gov. Josh Shapiro, will ensure Pennsylvania joins 30 states that have passed similar laws.
Bizzarro’s bill, H.B. 1466, is an anti-SLAPP measure that will curtail Strategic Lawsuits Against Public Participation, or SLAPPs. These lawsuits have been historically used to silence or deter people from sounding a warning against people or organizations that take a position on a matter of public interest. The new law establishes the mechanism 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.
Pennsylvania had fallen short of expanding its anti-SLAPP law despite a bill passing the state Senate in 2015-16 and again in 2017-18.
“We’ve been hard at work for years, attempting to illustrate the merits of this legislation and convince my colleagues in the House and Senate about the benefits of enacting this law,” Bizzarro said. “Ultimately, we didn’t receive a single vote against this measure. The overwhelming bipartisan support illustrates the need for this law, and I must thank House Democratic Leadership for passing this measure during its first session in the majority in more than a decade. Speaker Joanna McClinton, Majority Leader Matt Bradford and House Judiciary Committee Majority Chair Tim Briggs deserve credit for their help shepherding this bill into law and for their undying desire to see this bill get across the finish line.”
Act 72 expands Pennsylvania’s narrow anti-SLAPP law, and the legislation also contains a SLAPP back provision, so if a party uses the SLAPP motion in a frivolous manner, the court will award legal fees and costs to the non-moving party.
Bizzarro’s bill had wide-ranging bipartisan support from liberal and conservative lawmakers and organizations. It passed unanimously in the House both in October 2023 and again on concurrence in July. His bill passed the Senate unanimously on July 9. Furthermore, it had support across the political spectrum, including the support of the ACLU and Americans for Prosperity.