Borowski applauds Gov. Shapiro’s signing of free speech legislation
Act 72 of 2024 will protect Pennsylvanians from meritless lawsuits
Rep. Lisa Borowski July 18, 2024 | 1:22 PM
HARRISBURG, July 18 — Pennsylvanians are now better protected from frivolous lawsuits meant to intimidate them into silence thanks to legislation co-authored by state Rep. Lisa Borowski and signed into law today by Gov. Josh Shapiro.
A “SLAPP,” which stands for Strategic Lawsuit Against Public Participation, is a type of strategic but meritless lawsuit filed against the defendant in an effort to scare them into submission, usually about a matter of public interest or regulation, or cause unnecessary delay. SLAPPs misapply legal theories such as defamation, invasion of privacy, and infliction of emotional distress as justification, and the filer usually has a significant economic advantage over the defendant.
“A SLAPP lawsuit is, in essence, the filer warning another party to “be quiet, or else!” But we can’t let that go unchecked in a nation that values free speech as much as we do in the United States,” Borowski said. “Defining the spirit of this freedom through words and laws is necessary for courts to uphold it, and to apply it fairly and consistently in line with the Constitution.”
Act 72 of 2024 will work by implementing a process to quickly dismiss a SLAPP on the basis of protected speech via court motion. If the motion is successful, the filer must reimburse the defendant for their attorney’s fees and any other costs or damages related to the action. It 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.
Pennsylvania joins a majority of states in the country by implementing anti-SLAPP legislation.
House Bill 1466 is Borowski’s second prime-sponsored bill to be signed into law and passed both the House and Senate unanimously. The measure was previously introduced during the 2015-16, 2017-18, and 2019-2020 sessions, and passed individual chambers with bipartisan support, but never received a concurrence vote.
“One of the most notorious examples of a SLAPP is from 1996, when a group of Texas cattle ranchers sued Oprah Winfrey for $12 million in damages for saying on air that mad cow disease made her want to stop eating hamburgers,” Borowski said. “While she eventually won in court, the lack of an anti-SLAPP law in Texas turned it into a long and expensive effort on her part, which she was luckily able to afford. But most people are not wealthy TV personalities able to pay for a protracted legal battle to defend their right to comment on public issues.”
Borowski also pointed to the growing prevalence of SLAPPs being used as a tactic against victims of sexual assault and harassment by their abusers to bully them into silence, and the extreme financial and mental toll it takes on them.
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