Journalists fear Texas anti-SLAPP law could be weakened – The Texas Tribune
Sign up for The Brief, The Texas Tribunes daily newsletter that keeps readers up to speed on the most essential Texas news.
Journalists and free speech advocates are raising alarms about a bill moving through the Texas Legislature that they worry would make news organizations and regular Texans more susceptible to frivolous lawsuits designed to squash free speech.
At issue is a proposed adjustment to the 2011 Texas Citizens Participation Act, also known as the anti-SLAPP law, which is designed to prevent litigants from weaponizing the legal system to punish people for or dissuade them from exercising their First Amendment rights. The idea is that without such a law, big companies or wealthy individuals could inflict major damage by suing people over speech they dont like. Those suits are known as SLAPP strategic lawsuits against public participation cases. Even if the suits are frivolous, their existence could cost the defendants thousands of dollars or more in court fees and legal bills. Or the threat of those suits could force people to censor themselves.
Under the 2011 law restricting SLAPP suits, a person or company that is sued in what they believe is a SLAPP case can file a motion to dismiss the suit. If the trial court judge denies the motion, the defendant may file an immediate appeal and the case is stayed while the appeals courts take it under consideration.
But Senate Bill 896 would remove that automatic stay from state law, which opponents fear could allow some cases to proceed with expensive, time-consuming demands for evidence. The measure has already passed the Senate and was debated by the House Judiciary and Civil Jurisprudence Committee on Wednesday.
The bill is supported by business groups such as the Texas Association of Business and Texans for Lawsuit Reform. They argue that defendants have misused the automatic stay during appeal to delay legitimate cases, sometimes in proceedings that have nothing to do with the First Amendment.
One civil litigator, Shahmeer Halepota, described a case between a developer and a contractor involving the construction of apartment towers in Houston in which the defendants filed an anti-SLAPP motion three years into the case and a month before it went to trial. That automatically put the case on hold, causing his developer client to miss out on business opportunities, he said. An appeals court later found the anti-SLAPP motion frivolous, he said.
My clients have literally lost millions of dollars, Halepota said Wednesday.
SB 896 would lift the automatic stay on the case if the anti-SLAPP motion were found by the trial court judge to be frivolous or solely filed as a delay tactic. If the anti-SLAPP motion were denied and found not to have been filed in a timely manner, an automatic stay would still go into effect, but would expire in 45 days if an appeals court didnt step in. The idea, proponents say, would be to prevent what is meant to be a legal shield from being turned into a sword used aggressively to needlessly delay legitimate cases.
Opponents of the bill say it would burden an already overwhelmed court system.
The bill would create a two-tier system in which parties, in certain instances, would be forced to litigate their cases simultaneously at the trial and appellate courts, which will cause significant perils for both litigants and courts, Wallace B. Jefferson, who served as chief justice of the Texas Supreme Court from 2004-13, said in prepared testimony.
Media groups have lined up against the proposal, with leaders of the Texas Press Association and the Texas Association of Broadcasters, as well as First Amendment attorneys, speaking out against it at Wednesdays committee meeting. Advocacy groups across the political spectrum from the American Civil Liberties Union of Texas to the Tea Party group True Texas Project and numerous news outlets including The Associated Press, Axios, Fox Television Stations, The Dallas Morning News, The Houston Chronicle, The New York Times, The Washington Post and The Texas Tribune have also registered their opposition.
The groups note that trial court judges often make mistakes and that libel cases are frequently overruled on appeal. They say that not having an automatic stay in cases could force media companies to litigate the same case simultaneously in two venues, trying to have a case tossed out on appeal while also going through arduous and expensive discovery at the trial court level.
Ultimately, they say, SLAPP cases are designed to be punitively expensive, even if the person who filed it knows they will lose. The proposed new law would increase the cost for news outlets to defend themselves from SLAPP cases in courts and would raise media liability insurance premiums, opponents say.
A free press and accurate news reporting depend upon journalists to identify, investigate, and report out stories without concern that the subjects in the story could sap their newsroom of resources through a meritless court case, the Reporters Committee for Freedom of the Press wrote in a letter to state Rep. Jeff Leach, R-Plano, chair of the judiciary committee and sponsor of the bill. The letter was also signed by 44 news outlets, including the Tribune.
In a letter, editors of the four Hearst Newspapers newspapers in Texas noted a 2016 case in which one of the papers, the Houston Chronicle, was sued by a local bar over a brief article describing a shooting that occurred nearby. The newspaper filed a motion to dismiss; a judge deemed the motion untimely. It took seven months for that ruling to be corrected and another five years before the Chronicle was able to get a court to consider the merits of its motion to dismiss and find that the claims were baseless.
Weakening the anti-SLAPP law, the letter said, would put defendants in an intolerable situation of having to simultaneously pursue costly litigation at both the trial and appellate levels, or of pursuing settlements that might not go anywhere if the court finds the defendant was lawfully exercising its constitutional right. The letter was signed by Maria Reeve, the Chronicles executive editor, and by top editors in San Antonio, Laredo and Beaumont.
Media advocates also warned about the impact on small news outlets that dont have the resources to defend themselves. Donnis Baggett, executive vice president of the Texas Press Association, told the committee on Wednesday that many of the hundreds of newspapers his organization represents are small-town, family-run newspapers that just cant survive a long, drawn-out lawsuit.
Those papers provide vital information about a community, from high school sports to civic coverage to accountability work about the actions of their local governments, and many would see their survival at risk from SLAPP suits, he said.
If you bleed a small newspaper dry, that community is without a newspaper, he said.
Leach said Wednesday that he will not support any bill that weakens the First Amendment protections of free speech. But he also acknowledged some very real problems and concerns with the law as it is written and expressed a desire to address them while preserving the anti-SLAPP rules.
After hearing emotional and at times tense testimony on the measure, he encouraged advocates on both sides to go to lunch and come up with a solution that worked for all of them. But the bill did not receive a vote Wednesday morning.
Disclosure: Texans for Lawsuit Reform, Texas Association of Business and New York Times have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
We cant wait to welcome you Sept. 21-23 to the 2023 Texas Tribune Festival, our multiday celebration of big, bold ideas about politics, public policy and the days news all taking place just steps away from the Texas Capitol. When tickets go on sale in May, Tribune members will save big. Donate to join or renew today.
Original post:
Journalists fear Texas anti-SLAPP law could be weakened - The Texas Tribune
- ABC accuses FCC of violating its First Amendment rights over its scrutiny of "The View" - CBS News - May 9th, 2026 [May 9th, 2026]
- ABC Accuses Government of Violating First Amendment - The New York Times - May 9th, 2026 [May 9th, 2026]
- Jane Fonda, Patti Smith, Rufus Wainwright to Gather in Celebration of the First Amendment in NYC - Rolling Stone - May 9th, 2026 [May 9th, 2026]
- FCC's warnings on political interviews 'chill' First Amendment, ABC says - Politico - May 9th, 2026 [May 9th, 2026]
- ABC Says FCCs Equal Time Crackdown On The View Chills Its First Amendment Rights - Deadline - May 9th, 2026 [May 9th, 2026]
- ABC accused the U.S. government of violating the First Amendment in a dispute with the FCC over The View. The networks argument is the most aggressive... - May 9th, 2026 [May 9th, 2026]
- ABC accuses government of violating First Amendment - Editor and Publisher - May 9th, 2026 [May 9th, 2026]
- ABC Accuses Trump Administration of Violating First Amendment with FCC's Pointed Attacks on The View - People.com - May 9th, 2026 [May 9th, 2026]
- Sen. Kelly First Amendment Case: Government Cannot Be Arbiter of Its Own Speech Restrictions - Cato Institute - May 9th, 2026 [May 9th, 2026]
- DCYF warning to union leader raises First Amendment concerns, ACLU says - Rhode Island Current - May 9th, 2026 [May 9th, 2026]
- ABC accuses the FCC of violating its first amendment rights - WQAD - May 9th, 2026 [May 9th, 2026]
- Local news and the First Amendment: Whats at stake - Roswell Daily Record - May 9th, 2026 [May 9th, 2026]
- Mark Kelly lawsuit: impact on First Amendment rights of retired veterans - KTAR News 92.3 FM - May 9th, 2026 [May 9th, 2026]
- ABC and Disney accuse Trump admin of violating First Amendment rights - The Verge - May 9th, 2026 [May 9th, 2026]
- ABC accuses FCC of violating the First Amendment in their attacks on 'The View': An overreach that "threatens to upend decades of settled... - May 9th, 2026 [May 9th, 2026]
- ABC alleges the FCC violated its First Amendment rights over 'The View' criticism - KBAK - May 9th, 2026 [May 9th, 2026]
- Disney-Owned ABC Accuses U.S. Government of Violating First Amendment - WDW News Today - May 9th, 2026 [May 9th, 2026]
- ADL Reports a Sharp Drop in US Antisemitic Incidents in 2025, Driven by a Steep Fall on Campuses - First Amendment Watch - May 9th, 2026 [May 9th, 2026]
- Bette Midler and Jane Fonda to Headline Protest Concert for the First Amendment in New York - TheWrap - May 9th, 2026 [May 9th, 2026]
- Rutgers University Withdraws Invite to a Graduation Speaker Over His Criticism of Israel - First Amendment Watch - May 9th, 2026 [May 9th, 2026]
- ABC alleges the FCC violated its First Amendment rights over 'The View' criticism - WKRC - May 9th, 2026 [May 9th, 2026]
- Patti Smith to take part in Rise Up, Sing Out: A Concert for the First Amendment - Everett Post - May 9th, 2026 [May 9th, 2026]
- ABC accuses FCC of chilling The View's First Amendment rights to be The View - AV Club - May 9th, 2026 [May 9th, 2026]
- James Comey Faces New Indictment With First Amendment Implications: What You Need to Know - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Supreme Court First Choice ruling crushes lawfare in win for First Amendment - Washington Examiner - May 5th, 2026 [May 5th, 2026]
- Letter: Exercising the First Amendment - The Daily News of Newburyport - May 5th, 2026 [May 5th, 2026]
- Celebrating the Power of Music and the First Amendment at Freely Fest - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Trump uses assassination attempt to justify his assault on first amendment rights to free speech - The Conversation - May 3rd, 2026 [May 3rd, 2026]
- The GUARD Act Undermines the First Amendment and Parental Choice - R Street Institute - May 3rd, 2026 [May 3rd, 2026]
- Art by Telephone, Art by Algorithm: Expression, AI, and the First Amendment - - Center for Democracy and Technology - May 3rd, 2026 [May 3rd, 2026]
- The first amendment shall prevail: Plaintiff in 2023 discrimination case speaks after judge orders St. George to pay $350K - ABC4 Utah - May 3rd, 2026 [May 3rd, 2026]
- RANDY EVANS: Reflecting on mentors, opportunity and the First Amendment - Indianola Independent Advocate - May 3rd, 2026 [May 3rd, 2026]
- Utah City Ordered to Pay $350k to Drag Performers After Losing First Amendment Fight - EDGE Media Network - May 3rd, 2026 [May 3rd, 2026]
- The Mouse vs. The White House: Disney Lawyers Up for First Amendment War Over ABCs License - Inside the Magic - May 3rd, 2026 [May 3rd, 2026]
- Analysis: What Disney is thinking as it faces a First Amendment fight with Trump - CNN - April 29th, 2026 [April 29th, 2026]
- First Amendment advocates blast the FCC's early review of ABC broadcast licenses - NBC News - April 29th, 2026 [April 29th, 2026]
- Kimmel, the First Amendment and a brewing battle with the FCC - USA Today - April 29th, 2026 [April 29th, 2026]
- Former Spokane mayor Woodward wants $10 million from the city, alleges First Amendment violations - KXLY.com - April 29th, 2026 [April 29th, 2026]
- The Taricani Visiting Journalist Series on First Amendment Rights Harrington School of Communication and Media - The University of Rhode Island - April 29th, 2026 [April 29th, 2026]
- In rare interviews, Bush hails the First Amendment and Obama says America doesn't have 'kings' - NBC News - April 23rd, 2026 [April 23rd, 2026]
- CBS Hosting Dinner Praising Trump And His Love Of The First Amendment - Techdirt. - April 23rd, 2026 [April 23rd, 2026]
- BREAKING: Street preacher threatens to sue SIUE on grounds of First Amendment rights violation - alestlelive.com - April 23rd, 2026 [April 23rd, 2026]
- First Amendment to Arkansas: You Cannot Sentence Speech on the Internet to Death by a Thousand Cuts in NetChoice Court Victory - NetChoice - April 23rd, 2026 [April 23rd, 2026]
- The GUARD Act dis-GUARDs the First Amendment and competition - Competitive Enterprise Institute - April 23rd, 2026 [April 23rd, 2026]
- Supreme Court Denies Hearing in First Amendment Cases Related to Occupational Speech - The Institute for Justice - April 23rd, 2026 [April 23rd, 2026]
- Code is functional free speech under the First Amendment: Coin Center - TradingView - April 23rd, 2026 [April 23rd, 2026]
- Texas public schools can now have Ten Commandments displays, Appeals Court ruled, but Supreme Court can still save this First Amendment disaster -... - April 23rd, 2026 [April 23rd, 2026]
- Trump admin violated First Amendment by forcing Facebook and Apple to remove ICE-trackers - Law and Crime News - April 19th, 2026 [April 19th, 2026]
- Judge sides with creators of banned ICE trackers who allege DHS and DOJ violated their First Amendment rights - Engadget - April 19th, 2026 [April 19th, 2026]
- How Originalism Broke the First Amendment - Balls and Strikes - April 19th, 2026 [April 19th, 2026]
- Trump says CNN may have committed a crime. The First Amendment says otherwise - Poynter - April 19th, 2026 [April 19th, 2026]
- Jon Prosser's last-ditch effort against Apple's lawsuit is the First Amendment - AppleInsider - April 19th, 2026 [April 19th, 2026]
- California Attorney Who Tried To Help Overturn 2020 Election Loses Law License - First Amendment Watch - April 19th, 2026 [April 19th, 2026]
- ANOTHER VIEWPOINT: First amendment lynchpin of American experiment - The Facts - April 19th, 2026 [April 19th, 2026]
- White House Correspondents Dilemma: Toasting the First Amendment as Trump Tramples Over It | Analysis - TheWrap - April 19th, 2026 [April 19th, 2026]
- Mitali Bags speech on The Constitution (One Hundred and Thirty-First Amendment) Bill, 2026 and The Delimitation Bill, 2026 - All India Trinamool... - April 19th, 2026 [April 19th, 2026]
- Occupational licensing has a First Amendment problem - The Hill - April 10th, 2026 [April 10th, 2026]
- Paterno: Dangerous Times for the First Right of the First Amendment - StateCollege.com - April 10th, 2026 [April 10th, 2026]
- When ICE enforcement and the First Amendment collide - News From The States - April 10th, 2026 [April 10th, 2026]
- Briefing Room: Advice on dealing with First Amendment auditors - Seal Beach News - April 10th, 2026 [April 10th, 2026]
- On Books, Book Reviews, and Bezos - First Amendment Watch - April 10th, 2026 [April 10th, 2026]
- Escambia County sheriff responds after heated argument between First Amendment auditor and deputy: did not reflect our core values - Yahoo - April 10th, 2026 [April 10th, 2026]
- Diddy Appeal: Lawyers Seek Release, Argue Freak-Offs Are Protected By First Amendment - HOT 97 - April 10th, 2026 [April 10th, 2026]
- Future of First Amendment: FIU to host 'Free Speech: A Florida Dialogue' with Georgetown University - WLRN - April 5th, 2026 [April 5th, 2026]
- Hollywood Stars Join Together to Defend the First Amendment - The Progressive - April 5th, 2026 [April 5th, 2026]
- Federal judge rules Trump violated First Amendment by ordering defunding of NPR and PBS - KUOW - April 5th, 2026 [April 5th, 2026]
- Lemon Pound Cake and the First Amendment - jdsupra.com - April 5th, 2026 [April 5th, 2026]
- Citing First Amendment, federal judge blocks Trump order to end funding for NPR and PBS - nbcmiami.com - April 5th, 2026 [April 5th, 2026]
- Getting to Know You: Imprisoned for Exercising her First Amendment Rights She Now Speaks Truth to Power - morningsentinel.com - April 5th, 2026 [April 5th, 2026]
- Federal judge rules Trump's public media order violated First Amendment. Here's what that means for KOSU - KOSU - April 5th, 2026 [April 5th, 2026]
- Aspen Public Radio and co-plaintiffs win federal case against Trump Administration, proclaiming a win for the First Amendment - KHOL 89.1 FM - April 5th, 2026 [April 5th, 2026]
- Federal judge cites First Amendment in blocking Trump order to end funding to NPR and PBS - Colorado Public Radio - April 5th, 2026 [April 5th, 2026]
- Opinion | The Supreme Court repels an egregious assault on the First Amendment - washingtonpost.com - April 5th, 2026 [April 5th, 2026]
- In Counseling Case, the Supreme Court Sides with the First Amendment - nationalreview.com - April 5th, 2026 [April 5th, 2026]
- REACTION: Supreme Court Affirms Therapy as SpeechA Major First Amendment Victory - Minding The Campus - April 5th, 2026 [April 5th, 2026]
- BIZARRE: The First Amendment should be banned - northernstar.info - April 5th, 2026 [April 5th, 2026]
- EDITORIAL: A victory for the First Amendment at the high court - Las Vegas Review-Journal - April 5th, 2026 [April 5th, 2026]
- TV station megamerger is a threat to First Amendment freedoms (Editorial) - Daily Camera - April 5th, 2026 [April 5th, 2026]
- Monroe County woman sues sheriff, claiming arrest over Facebook post violated First Amendment rights - WBIR - April 5th, 2026 [April 5th, 2026]
- Supreme Court overturns ban on so-called 'conversion therapy' on First Amendment grounds - Fox News - April 5th, 2026 [April 5th, 2026]