I’m hoping that the Wisconsin State Senate will call the pending free-speech bill to the floor this week and pass it. I’m confident they will, but I wanted to write this story to further educate people about what the bill does and why it’s needed.
Technically, it’s called the Uniform Public Expression Protection Act. It’s AB 701 and SB 666.
If enacted into law, Wisconsin would join 38 other states that have the legislation, sometimes called anti-Slapp, the Assembly author, Jim Piwowarczyk wrote in a press release. He is the co-founder of Wisconsin Right Now. Piwowarczyk cautiously modeled this bill on legislation that has worked in other states, like Texas and Florida.
The bill was introduced by Piwowarczyk, Elijah Behnke, Lindee Brill, Barb Dittrich, Joy Goeben, Rick Gundrum, Joel Kitchens, Dan Knodl, Rob Kreibich, Dave Maxey, Paul Melotik and Jerry O’Connor; it was cosponsored by Senator Eric Wimberger.
It protects talk radio host Dan O’Donnell, parents’ rights activist Scarlett Johnson, former radio host/podcaster Meg Elledson, and more.
Here’s why the bill is needed:
- It protects conservative media. From Ellefson’s new podcast to O’Donnell’s radio show to Brian Fraley’s Dairyland Signal (which broke the DPI story), this bill gives conservative outlets needed protections. And they are under attack like never before. Independent media producers like Nick Shirley are doing courageous and gutsy investigative work. They need protection because they often don’t have the resources for legal staffs or representation.
- It protects parents’ rights advocates. What happened to parent’ rights activist Scarlett Johnson is a case in point. Although she won her legal battle eventually, that was only when the Wisconsin Institute of Law and Liberty agreed to help her. She was under enormous pressure to settle before that point. They were killing her with the process by driving up her legal fees. This law prevents exactly that when lawsuits are frivolous. It does nothing to stop meritorious lawsuits.
- It protects hometown newspapers who perform gutsy reporting. Don’t think they’re all liberal. Some weeklies do courageous work. The Lakeland Times is a case in point.
- It thwarts lawfare. Anyone who followed the lawfare against Donald Trump, his lawyers, and his followers knows how dangerous lawfare can be. This is an anti-lawfare bill.
- The bill has bipartisan support. It passed the state Assembly floor and committee unanimously. It passed the state Senate committee. But it’s authored by Republicans, Piwowarczyk in the Assembly and Eric Wimberger in the Senate. It will likely be signed into law by Tony Evers because it’s supported by the Wisconsin Newspaper Association and Wisconsin Freedom of Information Council.
It’s great to see so many people rallying around First Amendment protections.
Here’s the text of Piwowarczyk’s press release, providing more details on the bill:
Rep. Piwowarczyk (R-Town of Erin) introduced legislation that will protect free speech and help stop frivolous lawsuits intended to silence an individual’s free speech on public issues. It lets individuals quickly ask a court to dismiss cases based on protected speech or participation in government proceedings, requires fast court action, and allows recovery of attorney fees if the motion succeeds.
This legislation is designed to prevent an abusive type of litigation called a “SLAPP,” or “strategic lawsuit against public participation.” A SLAPP may be filed as a defamation, invasion of privacy, nuisance, or other type of claim, but its real purpose is to silence and intimidate the defendant from engaging in constitutionally protected activities, such as free speech. The legislation contains a clear framework for the efficient review and dismissal of SLAPPs.
“This is not a Republican or Democrat issue; this is a free speech issue. In Wisconsin, we’ve seen frivolous lawsuits targeting First Amendment-protected speech used in an attempt to silence activists and journalists. While the rich and powerful may have unlimited resources to move forward with lawsuits, their targets do not, which may result in those people being silenced and forced to settle rather than engage in expensive and ongoing litigation. This legislation will help stop that.”
“It is important to note that this bill only aims to stop frivolous lawsuits. Plaintiffs with legitimate cases will still be able to move forward.”
This bill adopts the Uniform Public Expression Protection Act. If enacted into law, Wisconsin would join 38 other states that have anti-SLAPP legislation.
