Texas Lawmakers Consider Changes That Threaten Free Speech Protections

Recent legislative developments across the U.S. have focused on protecting or potentially undermining free speech rights in the face of strategic lawsuits against public participation (SLAPPs), which are often used to intimidate or silence critics. In Iowa, lawmakers passed a bill allowing courts to expedite the dismissal of SLAPP lawsuits, aiming to shield journalists and activists from financially ruinous legal battles and to uphold First Amendment protections. This measure brings Iowa in line with 35 other states and the District of Columbia that have similar anti-SLAPP statutes. Meanwhile, Texas lawmakers are considering changes to their anti-SLAPP law, the Texas Citizens Participation Act (TCPA), which critics warn could weaken protections for individuals facing frivolous lawsuits meant to stifle free speech. The proposed amendments would make it easier for plaintiffs to collect attorney fees from defendants if dismissal motions fail, raising concerns that the changes could discourage people from speaking out on public issues. Supporters of the existing TCPA argue that it has been crucial in enabling citizens to defend against meritless lawsuits without prohibitive costs, whereas proponents of reform say the law is sometimes misused in cases unrelated to free speech.