Protecting Free Speech in Texas: We Need To Stop SB 336

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The Texas legislature will soon be debating a bill that would seriously weaken the free speech protections of people in that state. If you live in Texas, it’s time to contact your state representatives and let them know you oppose this effort. 

Texas Senate Bill 336 (SB 336) is an attack on the Texas Citizens Participation Act (TCPA), the state’s landmark anti-SLAPP law, passed in 2011 with overwhelming bipartisan support. If passed, SB 336 (or its identical companion bill, H.B. 2459) will weaken safeguards against abusive lawsuits that seek to silence peoples’ speech. 

What Are SLAPPs?

SLAPPs, or Strategic Lawsuits Against Public Participation, are lawsuits filed not to win on the merits but to burden individuals with excessive legal costs. SLAPPs are often used by the powerful to intimidate critics and discourage public discussion that they don’t like. By forcing defendants to engage in prolonged and expensive legal battles, SLAPPs create a chilling effect that discourages others from speaking out on important issues.

Under the TCPA, when a defendant files a motion to dismiss a SLAPP lawsuit, the legal proceedings are automatically paused while a court determines whether the case should move forward. They are also paused if the SLAPP victim needs to get a second review from an appeal court. This is crucial to protect individuals from being dragged through an expensive discovery process while their right to speak out is debated in a higher court. 

SB 336 Undermines Free Speech Protections

SB 336 strips away safeguards by removing the automatic stay of trial court proceedings in certain TCPA appeals. Even if a person has a strong claim that a lawsuit against them is frivolous, they would still be forced to endure the financial and emotional burden of litigation while waiting for an appellate decision. 

This would expose litigants to legal harassment. With no automatic stay, pl

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