Pennsylvania Enacts Anti-SLAPP Statute
On July 17, 2024, Pennsylvania enacted a significant piece of legislation aimed at protecting free speech and public participation—Act 72. This new anti-SLAPP (Strategic Lawsuits Against Public Participation) statute marks a pivotal development in the Commonwealth’s legal landscape. The Act offers robust defenses against lawsuits designed to silence or intimidate individuals exercising their First Amendment rights.
What Is an Anti-SLAPP Statute?
Pennsylvania Act 72 of 2024 establishes legal protections for individuals and entities facing lawsuits that are intended primarily to chill or deter their participation in matters of public interest. These types of lawsuits, known as SLAPPs, are often employed by plaintiffs to stifle criticism or dissent through the threat of costly litigation.
The Act aims to address this issue by providing a legal framework that allows defendants to quickly dismiss SLAPP suits and recover associated legal costs, thereby reinforcing the protection of free speech and public discourse.
Key Provisions of Pennsylvania Act 72
- Definition of SLAPP Suits
Act 72 defines SLAPP suits as legal actions filed primarily to suppress or discourage public participation or the exercise of free speech on matters of public concern. This includes any claim made in response to statements or activities related to public issues, governmental proceedings, or the exercise of First Amendment rights.
- Early Dismissal Mechanism
The statute introduces a mechanism for early dismissal of SLAPP suits. Defendants can file a motion to dismiss the lawsuit at an early stage, arguing that the claim arises from protected activity. If the court determines that the lawsuit qualifies as a SLAPP suit, it must be dismissed promptly.
- Burden of Proof
Act 72 shifts the burden of proof to the plaintiff. Once a defendant demonstrates that the lawsuit relates to protected activity, the plaintiff must show that their claim has merit and is not merely intended to suppress free speech. This provision aims to prevent the misuse of the legal system to intimidate or silence defendants.
- Attorney’s Fees and Costs
A significant feature of Act 72 is the provision for awarding attorney’s fees and costs to defendants who successfully demonstrate that they are the victims of a SLAPP suit. This aims to mitigate the financial burden on individuals defending against meritless lawsuits and discourages plaintiffs from filing such actions.
- Judicial Review and Appeals
The Act also provides for expedited judicial review of motions to dismiss SLAPP suits. This ensures that the court can quickly determine whether the lawsuit meets the criteria for dismissal under Act 72. Additionally, it allows for appeals if a party disagrees with the court’s ruling on a SLAPP motion.
- No Impact on Other Remedies
Importantly, Act 72 does not limit or affect other legal remedies available to parties in disputes. It is designed to supplement, rather than replace, existing protections and remedies under the law.
Pennsylvania’s 2024 Act 72 anti-SLAPP statute marks a significant step forward in safeguarding free speech and public participation. By providing mechanisms for early dismissal of meritless lawsuits and awarding legal costs to defendants, the Act strengthens protections against attempts to suppress public discourse.
Take Action: Contact Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C.
Don’t let your voice be silenced. If you believe you are facing a SLAPP suit, contact Sidkoff, Pincus & Green P.C. to learn how Pennsylvania’s new Act 72 can protect you. Reach out for a consultation, and let us help you defend your right to free speech. Call our Philadelphia employment lawyers at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey, including South Jersey.