By Editorial Board
Houston Chronicle
Originally published April 23, 2025
A couple, upset that their pet-sitting company left their beloved fish swimming in dirty water, takes to the internet to write a negative review. The company files a $1 million libel suit.
A homeowner writes a strongly worded open letter to his homeowners association criticizing how they’ve squandered neighborhood funds. The HOA sues him for slander in retaliation.
A media investigation reveals that a respected doctor did not follow protocol in their research. The doctor sues for defamation.
These cases are known as SLAPPs, or “strategic lawsuits against public participation.” They discourage the exercise of our constitutional right to free speech. Try to hold power to account and you get SLAPPed. Even if a court is likely to side with the defendants, the cost of hiring lawyers in such cases has a chilling effect. Free speech becomes a right only for the rich.
At least that was the case in Texas until the Legislature enacted one of the country’s strongest anti-SLAPP laws. Passed in 2011, the Texas Citizens Participation Act allows defendants to file motions requiring plaintiffs to prove to judges, before cases move forward to the discovery phase, that their lawsuits are not frivolous. If judges rule against plaintiffs, they are responsible for the initial legal costs the defendants have incurred. …
Two bills before the Texas Legislature, however, would undermine this critical free speech protection.