Hanbidge, Cerrato bill safeguarding freedom of speech headed to the governor
Rep. Liz Hanbidge July 10, 2024 | 4:35 PM
HARRISBURG, July 10 — Legislation to negate frivolous litigation, sponsored by state Reps. Liz Hanbidge and Melissa Cerrato, both D-Montgomery, passed the Pennsylvania Senate unanimously and is headed to the governor’s desk.
House Bill 1466 addresses strategic lawsuits against public participation, or SLAPPs. These are lawsuits meant to silence or intimidate a person or organization by burdening them with the cost and hassle of a legal defense. These lawsuits usually lack substantial legal merit and are intended to censor, intimidate and silence critics by forcing them to spend time and money to defend themselves in court.
Hanbidge’s and Cerrato’s bill outlines a process to quickly dismiss SLAPP lawsuits based upon protected speech through a motion to dismiss. If the motion is successful, defendants may recover attorney’s fees, costs and damages related to the action. Under this legislation, there is also a SLAPP back provision, so if a party invokes a SLAPP motion frivolously or solely to cause unnecessary delay, the court will award attorney’s fees and costs to the non-moving party.
"The passage of House Bill 1466 marks a significant victory for free speech and the protection of public participation in Pennsylvania,” Cerrato said. “SLAPP suits are all about controlling a narrative through a convoluted, baseless and expensive legal process, and legislators came together in Harrisburg to put an end to them. I want to extend my heartfelt gratitude to my colleagues on both sides of the aisle for their bipartisan support of this critical measure.”
“SLAPPs are the bullies of the legal system, intended to quash free speech and burden people with expensive and time-consuming legal proceedings. Getting this legislation through both chambers is a significant victory for the protection of our First Amendment right,” Hanbidge said. “House Bill 1466 ensures that individuals and organizations can speak out without fear of retribution through baseless lawsuits. This bill represents a collective effort to uphold justice and safeguard the rights of all Pennsylvanians.”
Pennsylvania established limited protections from SLAPP lawsuits in 2000, but only in the narrow area of environmental law and regulations, Hanbidge and Cerrato noted, citing the need for their expansion.
House Bill 1466’s other co-sponsors are Reps. Ryan Bizzarro, D-Erie, Joe Hohenstein, D-Phila., Tarik Khan, D-Phila., Patrick Gallagher, D-Phila., Lisa Borowski, D-Delaware, and Tim Brennan, D-Bucks.