The change is supported by business groups but has drawn opposition from media companies, First Amendment lawyers and political groups from across the ideological spectrum.
A Texas House committee on Wednesday advanced changes to the state anti-SLAPP law that First Amendment groups say could weaken a crucial free speech protection. The bills sponsor says its aimed at curbing abuses of the law., The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.
Currently, the target of a SLAPP lawsuit can file a motion to dismiss the suit and if the trial court judge denies the motion, the defendant may file an immediate appeal — and the case is stayed while an appeals court takes it under consideration. “This is a perfect example where a shield has become an abusive sword,” the bill’s sponsor, Rep. Jeff Leach, R-Plano, said during the hearing.
“This is a huge, huge issue for us,” said Carrie Hurt, president and CEO of the Better Business Bureau Serving the Heart of Texas. “We are offering factual reports for the good of the citizens of Texas.” Numerous state and national news organizations, including The Texas Tribune, the New York Times, Fox Television Stations and the state’s major newspapers, have spoken out against SB 896. So have advocacy groups from across the political spectrum, ranging from the American Civil Liberties Union of Texas to the Tea Party group True Texas Project.
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