In a significant victory for free speech, Pennsylvania has enacted a strong new anti-SLAPP law, bolstering protections for all residents of the commonwealth. House Bill 1466 (HB 1466), signed into law by Governor Josh Shapiro on July 17, addresses a crucial weakness in the state’s previous legislation that left Pennsylvanians vulnerable to costly lawsuits for speaking out on matters of public concern.
The new law targets strategic lawsuits against public participation (SLAPPs), typically frivolous defamation suits brought by well-funded plaintiffs aimed at silencing individuals exercising their First Amendment rights. By enacting this legislation, Pennsylvania has joined the growing number of states taking decisive action to protect citizens from lawsuits that undermine free speech.
HB 1466, based on the nonpartisan Uniform Law Commission’s model Uniform Public Expression Protection Act (UPEPA), significantly expands upon Pennsylvania’s previously limited anti-SLAPP provisions. While the old law generally only protected communications to government agencies about environmental laws and regulations, the new legislation extends protections to all expression on any matter of public concern.
Under the new law, Pennsylvanians are now safeguarded when speaking out on a wide range of topics, including taxes, abortion, education, healthcare, guns, and transportation. Even everyday actions like posting online reviews are now shielded from potential SLAPPs.
Key provisions in the legislation will deter frivolous lawsuits and minimize litigation costs for defendants. These include requiring plaintiffs to demonstrate a legitimate case early in proceedings, granting defendants the right to immediate appeal if an anti-SLAPP motion is denied, and mandating that successful defendants recover court costs and attorney’s fees.
The passage of this law marks a dramatic improvement in Pennsylvania’s free speech protections. In the Institute for Free Speech’s 2023 Anti-SLAPP Report Card, we had given the state a “D-minus” grade, with an overall score of just 25 out of 100 points. By expanding the scope of protected speech to include all issues of public concern, this new legislation significantly raises Pennsylvania’s standing. Through this action, the state has aligned itself with a growing national trend towards enhanced free speech protections.
By enacting HB 1466 into law, Governor Josh Shapiro ushers Pennsylvania into the ranks of neighboring states like New York (A+) and New Jersey (A), which have strong anti-SLAPP laws already in place.
We want to thank Pennsylvania House Representative Ryan Bizzarro and many other legislators who backed the bill early, as well as Governor Shapiro and our friends and allies in the free speech movement for their hard work in seeing this legislation become law. This is a major victory for free expression in Pennsylvania. The new law ensures that residents can speak out on issues of public concern without fear of facing ruinous lawsuits, fostering a more open and robust public dialogue throughout the commonwealth.
