I thought I was going to get SLAPPed.
Mother, that is not a spelling mistake.
Translated, I had a far better hearing than expected on my bill to amend the statute dealing with a Strategic Lawsuit Against Public Participation.
A SLAPP suit seeks to intimidate someone from exercising their 1st Amendment rights. The suit itself is without merit, but that would not be resolved until the defendant has gone through the expense and turmoil of depositions.
Under the law that I successfully sponsored several years ago, you can put a quick end to such a case if you can persuade a judge that it is a SLAPP.
As introduced, House Bill 263 would have made several controversial procedural changes to the existing law, such as awarding lawyer’s fees. They were amended out of the bill by the House of Delegates.
The revised HB 263 would make two modest but important changes to the definition of a SLAPP, I began my testimony today.
The bill would include a suit brought to prevent a person from making a statement, not just after the individual has exercised his or her free speech right.
It would also cover a statement made in a public forum, such as a park, not just before a public body.
My best guess is that today’s hearing went well because the more controversial provisions were no longer in the bill.
But I’m not taking that for granted. We’re going to talk further with several committee members to try to find out.
