A senator opened a new route to push through a change to a Texas free-speech law: he tacked on similar language to an unrelated bill that already passed the House. The change would leave news outlets and private citizens vulnerable to frivolous lawsuits.
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Free-speech groups warn that if Hughes’ proposal becomes law, it will create problems for news outlets and regular people alike. Under the 2011 law restricting SLAPP suits, a person or company that is sued in what they believe is a SLAPP case can file a motion to dismiss the suit, avoiding an expensive legal bill. If the trial court judge denies the motion, the defendant may file an immediate appeal — and the case is paused while the appeals courts take it under consideration.
Media groups have lined up against the proposal, with leaders of the Texas Press Association and the Texas Association of Broadcasters, as well as First Amendment attorneys, speaking out against it.
Ultimately, they say, SLAPP cases are designed to be punitively expensive, even if the people who filed them know they will lose. The proposed new law would increase the cost for news outlets to defend themselves from SLAPP cases in courts and would raise media liability insurance premiums, opponents say.
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