'SLAPP' Lawsuits Devastate Free Speech, #MeToo Movement In PA, Lawmakers Say

HARRISBURG, PA — A specific brand of lawsuit is being increasingly used in Pennsylvania to silence critics, particularly women victimized by sexual harassment, according to state legislators who say an institutional fix is needed.

Lawsuits nicknamed SLAPP, or Stratetgic Lawsuits Against Public Participation, are typically filed with claims of defamation, invasion of privacy, nuisance, conspiracy, or intentional infliction of emotional distress.

But officials say that in practice, the suits serve as a First Amendment deterrent.

"Despite the legal theories supporting the suit, the true purpose of a SLAPP is to deter or silence critics by burdening them with the costs of a legal defense," a group of eight state representatives wrote in a co-sponsorship memorandum. "Defendants and others are deterred from engaging in open debate about public issues for fear that they could face one of these suits and end up paying attorney’s fees and expending significant time and resources to defend against a meritless claim."

The bill was specifically inspired by the case of the Old City Civic Association, a neighborhood activist group started in 1973 in Philadelphia that campaigned for smarter distribution of liquor licenses. The group was sued so many times by developers, who used similar claims to those cited in the bill, that it was forced to shut down in 2013.

A year later, a Senate Judiciary Committee on similar SLAPP suits revealed it was a common silencing practice employed by large corporate entities, powerful individuals, and others. Women who have faced sexual harassment are just one class of individuals this legislation would seek to protect.

"These suits (have been) used as a way for harassers to silence them and shield disclosure," the lawmakers wrote.

The bill would create a process that would quickly dismiss suits identified as SLAPP based on protected speech. A "SLAPP back" provision would also allow attorney's fees and costs to be recovered by the victim, if the motion is successful.

A similar bill received significant bipartisan support in the past and passed the Senate in both 2015-16 and 2017-18, but was never hammered through the state House into law.

A total of 30 other states have passed similar legislation.

Democratic State Reps. Ryan A. Bizzarro, Melissa Cerrato, Liz Hanbidge, Joseph C. Hohenstein, Tarik Khan, Pat Gallagher, Lisa A. Borowski, and Tim Brennan are among the lawmakers who have signed on to co-sponsor.