Bill Makes It Easier to Silence Those Speaking Out on Public Concerns
Texans for Lawsuit Reform’s mission statement says it was founded to “fight back against job-killing, abusive lawsuits” and “shut down new abuses of the legal system.” But the so-called tort reform group makes an exception when it comes to one kind of tort: the kind that lets the powerful silence their critics through lawfare.
The group is leading the charge at the Texas Legislature to weaken the Texas Citizens Participation Act, a 13-year-old law designed to stop frivolous SLAPPs (Strategic Lawsuits Against Public Participation). SLAPP lawsuits are often baseless defamation suits filed to punish individuals or organizations for speaking out on matters of public concern.
The Citizens Participation Act provides a critical safeguard by allowing defendants to seek early dismissal of these lawsuits and to appeal immediately if a judge refuses to dismiss the case. That’s precisely the protection Texans for Lawsuit Reform wants to eliminate through Senate Bill 336 and its companion, House Bill 2459.
Why would an organization that claims to fight frivolous lawsuits want to gut a law that does exactly that? Its position is hypocritical. The group’s millionaire backers are all for reforms that prevent ordinary Texans from suing them, but they’re happy to dismantle protections that stop them from using lawsuits to silence their critics.
The Mohamed v. Center for Security Policy case, often referred to as the “Clock Boy” lawsuit, is a prime example of why the Citizens Participation Act matters. In 2015, Ahmed Mohamed’s arrest for bringing a homemade clock to school that some thought resembled a timebomb became a national controversy.
His family then sued several conservative commentators and media organizations for defamation after they criticized the incident and questioned the motives behind the ensuing media frenzy.
Among the defendants was conservative commentator Ben Shapiro, who had simply discussed the case on air. Thanks to the Citizens Participation Act, the defendants were able to secure a quick dismissal and full reimbursement of their attorney’s fees. Without the law, they could have been dragged through years of litigation simply for........
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