A handful of laws are making their way through the Texas Legislature that could exacerbate the use of malicious lawfare to silence unwanted speech.
Texas passed the so-called Texas Citizens Participation Act in 2011. This was one of many laws in states around the country designed to curtail what’s called Strategic Lawsuits Against Public Participation, or SLAPP.
It was aimed at protecting individuals and organizations from frivolous lawsuits meant to discourage speech. Without the law, large, wealthy organizations, for instance, could simply launch lawsuit after lawsuit at a person whose speech they don’t like. Even if the plaintiff has virtually no chance to win in court, they can drag someone through the legal process, which is time-consuming and expensive.
The way the law works is that defendants may demand a court dismissal in cases that fall under the law’s…
