Special motions to strike strategic lawsuits against public participation. (FE)
Impact
If passed, AB423 would significantly alter current legal proceedings in Wisconsin, providing a mechanism for quickly addressing cases where individuals face lawsuits deemed strategic attempts at suppressing free speech. It asserts that courts must look favorably upon such motions, allowing for attorney fees and costs to be recovered by defendants who successfully strike down these claims. However, if the court deems a motion frivolous or intended to delay proceedings, plaintiffs could recover their costs, presenting a careful balancing of interests between protecting speech and deterring frivolous actions.
Summary
Assembly Bill 423 introduces a legislative framework for special motions to strike strategic lawsuits against public participation (SLAPP). This law is intended to shield individuals from legal actions initiated with the primary aim of silencing their exercise of free speech or petitioning rights regarding public issues. Under this bill, defendants can file a motion to dismiss claims that they believe are retaliatory legal actions aimed at their constitutionally protected rights. The bill specifies that these motions must be filed within 60 days of the complaint's service and mandates that a hearing on the motion should occur within 30 days thereafter.
Contention
While proponents of AB423 argue that it reinforces the constitutional right to free speech and protects citizens from baseless lawsuits intended to stifle public discourse, there are concerns about its potential misuse. Critics argue that the bill could inadvertently provide a shield for those engaging in harmful behavior under the guise of protected speech. Additionally, there are apprehensions surrounding how this law might affect various enforcement actions and the overall accountability of citizens in expressing controversial opinions publicly.