Americans for Prosperity Defends Pennsylvanians Right to Speak Freely
Imagine getting sued for leaving a bad restaurant review. That might sound like a dystopian fiction but:
Prior to this year, this was a reality for Pennsylvania residents under the Strategic Lawsuits Against Public Participation (SLAPPs) statute, which gave individuals and businesses the right to file lawsuits against those who spoke out against them unfavorably.
The goal of the plaintiffs was not to win in court, but to force speakers to pay thousands of dollars in legal fees that most people could not afford. These laws (or SLAPPs) were utilized to intimidate individuals and discourage those using their first amendment rights with baseless lawsuits.
For 12 years, Americans for Prosperity (AFP) has been working to solidify free speech protections in the Commonwealth. However, in 2024 despite gridlock in the legislature due to an approaching election, AFP successfully drove an Anti-SLAPP bill through the legislature to secure free speech protections for individuals, reporters, and media outlets.
Pennsylvania’s SLAPP Laws Made Residents Vulnerable to Frivolous Lawsuits
Pennsylvania’s SLAPPs allowed any entity – be it an individual or a business – to sue anyone who expressed negative opinions or criticisms about them. SLAPP lawsuits silenced Americans and discouraged public discourse by ambushing critics with lengthy and expensive litigation.
The law impacted Pennsylvanians of all kinds. Individuals posting a negative review online after a bad experience at a restaurant or salon could be sued for defamation. Journalists and media outlets acting as watchdogs for powerful individuals or organizations found themselves thinking twice before publishing an article to avoid a SLAPP lawsuit.
AFP Strengthens Free Speech Protections in the Commonwealth
AFP recognized that SLAPP laws had devastating impacts on free speech for businesses and individuals, presenting an opportunity to rally their voices and recruit crucial allies. They got to work assembling a bipartisan coalition called Speak Free PA composed of free speech champions, civil liberty groups, trade associations, and entertainment industry titans to amplify their message. The cross-sector coalition met with decision-makers and brought forth endless examples of harmful SLAPP suits that touched industries and individuals spanning across the state.
Meanwhile, AFP leveraged its expansive grassroots network to assemble volunteers who went door-to-door, informing residents about their vulnerability to SLAPP suits and the potential consequences of legal action. This face-to-face effort emboldened residents to get involved and support Anti-SLAPP laws.
After years of inundating decision-makers with citizen voices, compelling testimony, and loud opposition voices calling out the destructive consequences of SLAPP, the tides shifted. AFP and its coalition members helped get HB 1466 introduced. The legislation made it easier to dismiss baseless litigation intended to silence critics and mandated the reimbursement of successful defendants in defamation cases, making it more difficult for businesses and individuals to bring baseless lawsuits against defendants.
Thanks to the coalition’s relentless work, HB 1466 passed in both the Pennsylvania House and Senate unanimously. When Governor Josh Shapiro sat down to sign the bill, he was surrounded by a bipartisan coalition of advocates – including AFP — who came together to pass common-sense reform.
In 2025, as a direct result of HB 1466, individuals and press outlets will no longer be subject to unfounded defamation lawsuits for criticizing an organization, business, or person. The legislation reinforces critical First Amendment protections, empowering individuals to share their experiences and opinions without fear of retaliatory legal action.
Thanks to AFP, Pennsylvania went from one of the weakest anti-SLAPP states, to one of the strongest according to the Institute for Free Speech. However, the fight is far from over. Sixteen states have yet to enact an Anti-SLAPP law and a handful of others have SLAPP laws that fail to grant strong enough free speech protections, leaving residents at risk for litigation.
Connect with AFP to take a stand for your First Amendment rights! Get involved today!
