State Senator Eric Wimberger and State Rep. Jim Piwowarczyk introduced legislation Wednesday that they say will protect free speech and help stop frivolous lawsuits intended to silence an individual’s free speech on public issues.
The bill allows individuals to quickly ask a court to dismiss cases based on protected speech or participation in government proceedings, requires prompt court action, and permits recovery of attorney fees if the motion is successful.
The ‘anti-SLAPP’ 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.
In a press release, Piwowarczyk said, “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, ” Piwowarczyk continued.
This bill adopts the Uniform Public Expression Protection Act. If enacted into law, Wisconsin would join 38 other states that have anti-SLAPP legislation.
Disclosure: Rep. Jim Piwowarczyk is a co-founder and former editor of Wisconsin Right Now.
