For Immediate Release
Contact: Jeremy Warren
May 18, 2011
(512) 463-0113
Senate Passes Texas Citizen Participation Act
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HB 2973 protects Texans from lawsuits designed to stifle free speech
(Austin, Texas)// The Texas Senate State voted unanimously today to approve HB 2973,
the Texas Citizen Participation Act, legislation by Representative Todd Hunter (R-Corpus
Christi) and Senator Rodney Ellis (D-Houston) which protects Texans' right to
petition the government or speak out about matters of public concern.
The House approved the legislation 142-0.
HB 2973 protects Texans' right to free speech and curtails frivolous abuse of our court
system by reducing Strategic Lawsuits Against Public Participation (SLAPP). The
legislation creates a way for people who have been subjected to SLAPP lawsuits to
protect themselves from having to give in to a plaintiff who has greater resources or
other power rather than spend thousands of dollars defending themselves.
"These SLAPP suits are the bully's weapon against democracy," said Ellis. "Across Texas
and the nation, the powerful are using our courts -- and the threat of high legal costs
and bankruptcy -- to silence critics and shield wrong-doers from scrutiny. HB 2973
evens the playing field and ensures the little guy won't be put in the poor house for
standing up for what he believes in."
SLAPP are frivolous lawsuits used by moneyed interests to retaliate against and silence
critics through costly litigation. With the rise of blogs, citizen journalism and increased
public participation, more and more ordinary citizens are being targeted. SLAPP suits
have been filed against citizens and organizations for simply circulating petitions,
testifying at public hearings, attending rallies or demonstrations or even writing letters
to the editor.
HB 2973 allow defendants in SLAPP suits to dismiss cases earlier than would otherwise
be possible, thus limiting the cost and fees. Under the legislation, judges would have
the power to dismiss these cases much earlier in the process and compel those behind
such suits to pay legal fees and court costs.
Twenty-seven states and the District of Columbia have passed “Anti-SLAPP” laws.
Following are just a few Texas examples of SLAPP suits filed to intimidate citizen
whistleblowers:
A
Austin: man who applied for taxicab franchise from the city of
Austin was sued for defamation by his former employer for statements the man
made at a city council meeting when he tried to get his own franchise. A no
evidence summary judgment motion in favor of the defendant was granted but
the case was appealed, causing further litigation costs for the defendant.
group of homeowners who spoke out on an online forum
Dallas: A
about their homeowner’s association were sued for libel by the association.
Dallas City Council member who was ousted from the
Dallas: A
board of a non-profit after he allegedly embezzled money from a non-profit sued
the chairwoman of the non-profit for defamation. The plaintiff was later found
guilty of embezzlement.
When a blogger set up a site for people to comment
Houston:
about a local hospital, the hospital sued, seeking to reveal the identities of
anonymous posters.
Better Business Bureaus throughout the state have
Statewide:
been sued over their ratings system because the business owner does not like
the grade that is awarded. The grade is an opinion based upon facts that are
disclosed to the consuming public. There is no basis for these lawsuits; however,
the BBB’s in Texas (but not in other jurisdictions where there are anti-SLAPP
statutes) are forced to defend the cases through summary judgment stage,
incurring the expense of discovery prior to getting the cases thrown out.
"The right to free speech is perhaps our most hallowed right," said Ellis. "Deep-
pocketed bad actors and bullies should not be able to use the courts to silence citizens."
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