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Let’s make it easier for all Pennsylvanians to exercise their First Amendment rights

Dean Rohrer/Newsart

Let’s make it easier for all Pennsylvanians to exercise their First Amendment rights

A new measure would make Pennsylvania a leader in protecting free speech rights

Every day, millions of Americans use popular web sites like Facebook and Instagram to exercise their right to express themselves. They also use sites like Yelp that allow users to leave reviews of restaurants and businesses for all to see.

We all benefit in this free movement of ideas making it easier for people to share ideas and information contributing to diverse public discourse.

Unfortunately, this freedom is under threat — something Tom Lloyd, a Florida resident, experienced first-hand after being sued by a veterinary practice over a negative Yelp review last year, resulting in more than $25,000 in legal bills.

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He’s not alone.

A few years ago, a Colorado couple were sued by a flooring company after leaving a negative review on Yelp. The couple reportedly racked up a whopping $65,000 in legal fees.

Closer to home in Philadelphia, Joe Schiavo, then-vice chair of the former Old City Civic Association’s zoning committee, was sued after telling developers that they needed to closely follow the city’s zoning rules stipulating how to convert historic neighborhoods into commercial investment opportunities.

While some of these lawsuits were eventually dismissed or resolved out of court, these stories are part of a growing trend of powerful individuals, groups and companies filing meritless lawsuits to intimidate individuals from speaking out in public forums, penalizing protest and silencing free speech — known as Strategic Lawsuits Against Public Participation (SLAPP) in legal jargon.

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In response to this intimidation, 31 states have enacted legislation in recent years to protect not just everyday people but also whistleblowers and journalists from frivolous lawsuits suppressing free expression.

Pennsylvania has an anti-SLAPP law but not a strong one.

That’s why Americans for Prosperity, the American Civil Liberties Union of Pennsylvania and the Pennsylvania NewsMedia Association are joining forces to strengthen Pennsylvanians’ ability to express themselves without fear of reprisal in the form of meritless long-term litigation.

Our groups may not see eye to eye on every issue, but when it comes to legislation making it easier for all Pennsylvanians to participate in public life, there is no disagreement.

The good news is that lawmakers in Harrisburg can get behind House Bill 95 and Senate Bill 95, bipartisan legislation that would protect Pennsylvanians by allowing judges to more quickly dismiss suits that target constitutionally protected speech. These bills, introduced by state Rep. Russ Diamond, R-Lebanon, state Sen. Larry Farnese, D-Philadelphia, and state. Sen. David Argall, R-Schuylkill/Berks, would require courts to adjudicate lawsuits within a reasonable period of time and award attorney fees and costs to the victim of a SLAPP suit as a way of deterring future frivolous lawsuits.

The legislation is modeled after tough anti-SLAPP laws in other states, including Texas, where the law allows anyone subjected to a SLAPP to petition a judge to immediately dismiss the case if the speech in question dealt with a matter of public concern.

Those who oppose anti-SLAPP legislation argue that we could see an uptick in people publicly slandering businesses and developers. But this threat hasn’t materialized in other states that have enacted anti-SLAPP legislation.

If done right, anti-SLAPP legislation would mean a quicker and fairer resolution for both plaintiffs and defendants while still holding individuals responsible for actual cases of defamation.

No single law will protect free expression and expeditiously resolve litigation. But the measure from lawmakers Diamond, Farnese and Argall would make Pennsylvania a leader in protecting free speech rights and send a strong message that penalizing protest and silencing free expression will not be tolerated in the commonwealth.

Ashley Klingensmith is Pennsylvania state director at Americans for Prosperity. Elizabeth Randol is the legislative director of the American Civil Liberties Union of Pennsylvania. Holly Lubart is the director of government affairs at the Pennsylvania NewsMedia Association.

First Published: December 17, 2019, 9:45 a.m.

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