Free speech protections are under threat in Texas Legislature – The Dallas Morning News

The free speech of all Americans is protected by the First Amendment. But anyone who has ever spoken up against the powerful knows that freedom of speech isnt as simple as that.

There is more than one way to silence people, and dragging them into costly lawsuits has long been a tried and true method.

In 2011, Texas passed a robust law known as the Texas Citizens Participation Act that provided protections against what are known as SLAPP suits strategic lawsuits against public participation. Such lawsuits quash speech by making it too risky to speak up for fear of being sued.

The TCPA gives parties in lawsuits the opportunity to get an automatic stay of costly discovery and other legal proceedings while an appellate court reviews the matter.

Unfortunately, the state Senate has embraced an overreaching bill that is supposedly aimed at curing abuses to the TCPA.

While there are genuine concerns that the act has been used to stay proceedings in meritorious suits, it is far from clear that such cases are common enough to warrant a major revision of the act that could gut critical public protections.

The bill in question would diminish the TCPA by removing the automatic stay of proceedings under three conditions: If a motion under the act was denied because it was not filed in a timely way, was frivolous or was denied under existing exemptions to the act.

Those amendments might seem innocuous. But they are open to broad interpretation and could be misinterpreted or misunderstood by a trial court, leading to legal costs that would chill free speech.

State Rep. Jeff Leach, R-Plano, will chair a hearing in the state House Wednesday morning on this bill. Leach has offered us assurances that the bill will not pass the House in its current form and that he will not accept a bill that impedes the TCPAs protections.

The bill debate has ignited a good conversation around this important issue and Im hopeful we can reach a workable compromise building on our success in 2019 on the major TCPA amendments, Leach wrote to us.

That was encouraging, but a substitute bill Leach is proposing does not appear to resolve serious concerns. Leachs proposal attempts to strike a middle ground by creating a 45-day stay on legal action once a trial court rules on a TCPA motion. But that will only add pressure on appellate courts that already struggle to rule quickly on these matters.

Leach said the substitute was laid out to set up discussion at Wednesdays hearing and is unlikely to be the version that passes.

Make no mistake: We will aggressively protect the First Amendment protections ensured by our anti-SLAPP laws, he said.

Time will tell. The trouble is that even a well-intended amendment could lead to a huge setback for speech. This law is under persistent pressure from powerful interests that want to see it rolled back. Each legislative cycle seems to bring another threat to the laws core.

If that continues to happen, all Texans will become less free to say what they think.

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Free speech protections are under threat in Texas Legislature - The Dallas Morning News