Wisconsin lawmakers are considering a bill that could shield residents from costly lawsuits designed to silence free speech. The measure, Assembly Bill 701, adopts the Uniform Public Expression Protection Act, a model law from the Uniform Law Commission. It aims to protect people who speak out on public issues from strategic lawsuits against public participation, known as SLAPPs. These suits often disguise themselves as defamation or similar claims but seek to intimidate and drain resources rather than win in court. As the legislative session winds down, the bill has passed the Assembly on a voice vote and awaits Senate action.
Supporters argue the bill strengthens First Amendment protections. It allows defendants to file a special motion to dismiss early, pauses expensive discovery during review, and requires a court hearing and ruling within tight deadlines — typically 60 days each. If the motion succeeds, the defendant recovers attorney fees and costs, deterring frivolous suits. The bill covers speech in government proceedings, comments on government matters, or exercises of free speech, press, assembly, petition, or association rights on public concerns. It excludes actions against government entities or certain sales-related speech. Advocates, including the ACLU of Wisconsin, journalists, and bipartisan lawmakers, point to cases like the Wausau Pilot & Review, which spent nearly $200,000 defending a dismissed defamation suit over reporting on State Sen. Cory Tomczyk. Without such protections, Wisconsin remains one of the few states lacking robust anti-SLAPP laws.
Opponents express concern that the bill might overreach and limit valid legal claims. Some worry broad protections could make it too easy to dismiss legitimate defamation or privacy suits, potentially harming individuals seeking redress for real harm from false statements. Critics note that while SLAPPs exist, strong procedural safeguards might tilt the balance too far toward defendants, risking abuse by those making harmful public statements. In debates, at least one lawmaker raised fears that the measure could infringe on others’ First Amendment rights to seek justice through courts. Past versions of similar bills faced criticism for partisan handling, though the current proposal gained broad committee support.
The facts show SLAPPs impose real burdens on free expression, as seen in expensive defenses against meritless claims that chill journalism and civic debate. Wisconsin’s lack of protections leaves residents vulnerable compared to most states. The proposed law provides targeted, expedited relief without barring genuine lawsuits, as courts still evaluate claims’ merit. Strong safeguards against frivolous litigation serve democracy by encouraging open discourse on public issues.
This online news source supports the passage of AB 701. Wisconsin needs this tool to protect free speech from abusive tactics while preserving access to justice. Sen. Cory Tomczyk, vote for the passage of this bill!
