LETTER: Support bills to stop lawsuits contrived to limit free speech

To Ozaukee Press:

State Sen. Eric Wimberger (R-Oconto) and Rep. Jim Piwowarczyk (R-Hubertus) have introduced Wisconsin Senate Bill 666/Assembly Bill 701, which would adopt the Uniform Public Expression Protection Act, bringing long-overdue free speech protections for citizens and journalists in Wisconsin. Designed to protect free speech and the right to petition the government, the bill allows the courts to quickly dismiss lawsuits that are filed not to win on the merits, but to intimidate, silence or financially exhaust critics.

So-called SLAPPs—strategic lawsuits against public participation—are often used against individuals who speak out on matters of public concern, such as government accountability, tax and spending decisions, consumer protection, environmental impacts or workplace conditions. Even when these cases are weak or baseless, the cost and stress of litigation can be enough to deter people from speaking at all. Anti-SLAPP laws are intended to stop this abuse of the court system.

Under the proposed legislation, which was developed by the nonpartisan Uniform Law Commission, a person who believes they are the target of a SLAPP lawsuit could ask the court to dismiss the case if it arises from their exercise of free speech or their right to petition on a public issue. If the court agrees, the lawsuit would be dismissed, and the party who filed it could be required to pay the defendant’s attorney fees and costs. The fee-shifting provision is critical, as it discourages the use of litigation as a weapon rather than a legitimate means of resolving disputes.

Wisconsin is currently behind much of the country in providing these protections. According to the Reporters Committee for Freedom of the Press, 31 states have anti-SLAPP laws in place. As a result, journalists, activists, and ordinary citizens in Wisconsin are more vulnerable to retaliatory lawsuits than their counterparts in other states.

Passage of Senate Bill 666/Assembly Bill 701 will address this disparity. SLAPP lawsuits are powerful tools for silencing dissent, not because they are likely to succeed in court, but because they impose crushing legal costs and risks. For many people, the mere threat of such a lawsuit is enough to discourage them from speaking out, even when their speech is lawful and important to the public.

Both bills have passed committee with unanimous bipartisan support. We urge legislative leaders to ensure the bills receive votes in the full Assembly and Senate so that Wisconsinites can feel free to express their opinions on public issues without fear of being subjected to a costly lawsuit.

Contact your legislator and voice your support for passage of Senate Bill 666/Assembly Bill 701.

Beth Bennett

Executive director

Wisconsin Newspaper Association

Madison