Opinion | We must act to protect free speech in Michigan
Strategic lawsuits against public participation, or “SLAPP” lawsuits, threaten free speech. Wealthy and powerful entities file these anti-democratic lawsuits to silence, intimidate or punish an individual who speaks out on an issue of public interest. They are not looking to win their cases in the traditional sense. Instead, SLAPP suits are meant to silence the speaker. As a result, they deprive the public of information and prevent discussion on important community issues.
Michigan is one of only 17 states that does not have any protections against these frivolous types of retaliatory lawsuits. The nonprofit, nonpartisan Institute for Free Speech gave Michigan a failing grade on its 2023 Anti-SLAPP report card for lacking legislation that protects victims from these suits.
Protecting free speech and leveling the playing field are why I introduced House Bill 5788. This bill would create a procedural “off-ramp,” allowing courts to dismiss these suits early in the proceedings, saving targeted individuals tens of thousands of dollars in attorney fees. If a SLAPP plaintiff has a valid claim — one supported by evidence — their case can proceed.
Ordinary Michiganders who aren’t rich or powerful can be hit with SLAPP suits. These unwitting defendants typically have spoken out on issues like government misconduct, land-use issues, mistreatment by landlords or sexual assault. They might share their experiences or opinions with the media, on social platforms or at community meetings — all crucial activities in a functioning democracy.
There is no question: SLAPP suits offend the First Amendment. People must be able to exercise their right to free speech without fear of a costly, baseless lawsuit. Currently, any Michigander who voices their displeasure and legitimate concerns with a corporation, landlord or any other wealthy, powerful entity could be “SLAPPed” by one of these meritless lawsuits. This legislation will protect Michiganders from individuals who abuse the legal system to silence people on matters of public concern.
Anti-SLAPP legislation is good for democracy. It protects the right to free speech, which is the cornerstone of a free society. It also gives defendants a fighting chance against someone with more money, more power, and more access. In other words, it makes our system fairer and more just. These are worthy goals that I hope the Legislature will support.
See what new members are saying about why they donated to Bridge Michigan:
- “In order for this information to be accurate and unbiased it must be underwritten by its readers, not by special interests.” - Larry S.
- “Not many other media sources report on the topics Bridge does.” - Susan B.
- “Your journalism is outstanding and rare these days.” - Mark S.
If you want to ensure the future of nonpartisan, nonprofit Michigan journalism, please become a member today. You, too, will be asked why you donated and maybe we'll feature your quote next time!