Blog
ASNE Joins the Protect Free Speech Coalition in Support of First Amendment Rights in Texas
- By: ASNE staff
- On: 02/28/2019 10:07:59
- In: General
Free speech is under assault in Texas. Eight years after its enactment, the Texas Citizen Participation Act (the state's version of an Anti-SLAPP statute) is in danger of being neutered. While nothing has been introduced, we understand that Texas House Judiciary and Civil Jurisprudence Committee Chair Jeff Leach is planning a “reform measure” that may, among other things:
- Limit the breadth of the statute by limiting its application to defendants who spoke in a governmental setting (which would likely exclude any statements published by news media) or to speech in a public setting about a public issue (which would leave news media at the mercy of a court's interpretation)
- Remove the important stay on discovery during the pendency of a motion to dismiss filed under this law (which is expressly designed to move the financial sting of being subjected to a frivolous lawsuit)
- Modifying the also-important right of interlocutory appeal that can help resolve cases prior to discovery or trial
- Imposing a “loser pay” requirement in Anti-Slapp cases (which could deter defendants from invoking the law)
- Removing mandatory sanctions against a plaintiff who files a frivolous lawsuit that is dismissed pursuant to this law
- Contacting Rep. Leach's office to express your opposition. You can do this by phone ((512) 463-0544) or via this web-based Email form.
- Contacting other Members of the Texas House of Representatives Judiciary and Civil Jurisprudence Committee.