Federal Anti-SLAPP bill introduced in Congress

On September 15, 2022, Rep. Jamie Raskin, Chairman of the Subcommittee on Civil Rights and Civil Liberties, introduced H.R. 8864, the Strategic Lawsuits Against Public Participation (SLAPP) Protection Act to establish a procedure to dismiss and deter strategic lawsuits against public participation (SLAPPs) and punish entities that attempt to use this litigation to stifle First Amendment protected speech. The legislation follows a Subcommittee hearing that highlighted the fossil fuel industry’s use of SLAPPs to silence environmental activists and non-profits who speak out against proposed fossil fuel pipelines and other projects that contribute to climate change. The need for a federal law is clear due to the abundant forum shopping taking place throughout the country to avoid Anti-SLAPP protections resulting in a disproportionate burden on our federal court system and open means by which those who speak truth to power and expose wrongdoing can still be silenced by way of judicial harassment.
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The Need for a Federal Anti-SLAPP Law

Lawsuits aimed at censoring constitutionally protected speech are a metastasizing scourge1 that many courts have proven themselves ill-equipped to handle. Known as Strategic Lawsuits Against Public Participation, or “SLAPP suits” for short, these routine abuses of the legal process pose a constant threat to the First Amendment and undermine free expression in every U.S. jurisdiction. Given inadequate anti-SLAPP protections in many states and the ease with which even the best states’ anti-SLAPP statutes can be circumvented, a federal anti-SLAPP law is essential to defend against efforts to chill constitutionally protected speech through baseless litigation.
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