BOISE, Idaho — Republican lawmakers introduced legislation to counteract retaliatory lawsuits in Idaho on Monday, with a proposed law already on the books in most states to expedite the dismissal of litigation that lacks merit.
Known as a SLAPPs, or “strategic lawsuits against public participation,” the court actions are widely viewed as an effort by those with power to silence critics, not necessarily by winning in court but by bogging down opponents with costly legal fees, stress and time.
Thirty-five states and Washington, D.C., now have anti-SLAPP laws in place, which generally offer defendants a way to avoid high costs and deter those who might file them early on in litigation, according to the Reporters Committee for Freedom of the Press. But the provisions in each state law vary.
The bill is the second attempt from Sen. Brian Lenney, R-Nampa, at passing anti-SLAPP legislation. A similar bill he brought last year failed by a narrow margin in the Senate.
Lenney told the Idaho Statesman that his legislation is the same as last year’s bill, and is based on one initiated by the Uniform Law Commission, a nonprofit that proposes standard legislative language for state legislatures to adopt. For its anti-SLAPP bill, the commission lists endorsements from the American Civil Liberties Union, Institute for Free Speech, Institute for Justice, Reporters Committee for Freedom of the Press, and other groups.
Earlier this month, Ohio Republican Gov. Mike DeWine signed a similar law, also based on the Uniform Law Commission’s version.
Lenney’s bill would give defendants 60 days to file a motion in a lawsuit against them, after which the court would pause the lawsuit and schedule a hearing within two months to assess whether the case is frivolous. A ruling from the judge would come 60 days after that. If the named parties win, the petitioners would have to pay the court and lawyers fees.
“This is a bill that’s about protecting free speech in Idaho,” Lenney told a Senate committee Monday. His bill is co-sponsored in the House by Rep. Heather Scott, R-Blanchard.
“Good people don’t deserve to get buried for exercising their first amendment rights,” Lenney added.