An Act to create 802.065 of the statutes; Relating to: special motions to strike strategic lawsuits against public participation. (FE)
Impact
The introduction of AB431 is significant as it alters the landscape of civil litigation concerning public discourse. The bill aims to provide legal protections for individuals speaking out on matters of public concern, which is particularly relevant in an era of increasing concerns about freedom of speech. The law would prevent the courts from favoring plaintiffs in these situations unless they show a likelihood of winning the case, thereby changing the burden of proof that typically favors the initial complainant. This shift can potentially decrease the number of frivolous lawsuits aimed at suppressing vocal opposition or criticism from citizens and activists.
Summary
Assembly Bill 431 (AB431) proposes the introduction of special motions to strike strategic lawsuits against public participation in Wisconsin. This bill allows individuals to file a special motion to dismiss cases that limit their rights to petition or free speech, particularly regarding public issues. If such a motion is successful, it facilitates the dismissal of the lawsuit, thereby protecting citizens from being silenced through legal intimidation. The foundation of this legislation is rooted in the First Amendment rights, ensuring that robust discourse and public participation are not stifled by the threat of legal action.
Contention
Despite its protective intent, the bill has faced criticism. Opponents may argue that while the bill aims to safeguard free expression, it could inadvertently provide a shield for individuals spreading misinformation under the guise of protected speech. Additionally, there are concerns about how this legislation might affect legitimate claims of defamation and other forms of harm that could arise from public discourse. The inclusion of attorney fees for successful motions emphasizes the need to protect individuals from costly legal battles, but critics fear this could lead to discourage legitimate litigation meant to hold parties accountable for slanderous acts.
Relates to strategic lawsuits against public participation; makes technical corrections; relates to the applicability of chapter 250 of the laws of 2020 amending the civil rights law relating to actions involving public petition and participation.