Session: 2023–2024
ACLU-PA Position: Supports
HB 1466 (PN 3487) is a commonsense, bipartisan proposal that would protect all forms of First Amendment expression while making it easier for people to defend against frivolous lawsuits filed to prevent them from exercising their First Amendment rights.
Free speech and healthy debate are the cornerstones of a thriving democracy. SLAPP suits (Strategic Lawsuit Against Public Participation) weaponize the legal system to penalize protest and silence free speech. They have become a common tool for intimidating and silencing criticism through expensive, baseless lawsuits. The real goal of a SLAPP suit is to entangle people in expensive litigation in order to prevent them from engaging in constitutionally protected activities. The threat of legal action as a means of stifling free speech has been used to silence whistleblowers, journalists, and political protesters.
Pennsylvania's current anti-SLAPP law is too weak and too narrow—it only protects people speaking out against an environmental law or regulation. It is outdated and in desperate need of reform. The ACLU-PA has supported updating PA’s anti-SLAPP statute since 2014, when the first reform bill was introduced. Now, ten years later, Pennsylvania has a newly updated proposal under HB 1466.
HB 1466 would create a clear process to challenge a SLAPP suit and quickly dismiss frivolous claims. The most important changes include:
- Broad, expanded protection for all First Amendment expression, not just for those challenging environmental laws or regulations;
- Mechanisms that ensure early and efficient resolution of SLAPPs to minimize litigation costs for targets of a SLAPP suit; and
- Mandatory awards for attorney fees, court costs, and expenses of litigation to anyone forced to defend against a meritless claim resulting from their exercise of protected expression. Mandatory awards will also help deter SLAPPs from being filed in the first place.
Pennsylvanians deserve to speak freely without the threat of costly litigation standing in the way of their First Amendment rights.
To read more about our collective support for HB 1466, visit our coalition website:
Governor Shapiro signed HB 1466 into law on July 17, 2024 as Act 72 of 2024.
