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Texas Lawmaker Defends Bill Narrowing Anti-SLAPP Law

A revised Texas bill to scale back a 2011 state law against strategic lawsuits against public participation (SLAPP) would provide the “strongest protections for the media anywhere in the United States,” House Judiciary and Civil Jurisprudence Committee Chairman Jeff Leach…

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(R) said at a livestreamed Monday hearing. Leach said he counted 45 witnesses signed up to testify on his HB-2730. The Electronic Frontier Foundation last week claimed the bill would gut free-speech protections (see 1903280011). Leach conceded an earlier draft wasn’t “close to perfect” but said a committee substitute should address concerns. While praising the 2011 law’s intent, Leach said “unintended consequences have proven to be quite troubling.” The law created confusion and increased litigation, testified former Texas Supreme Court Justice Dale Wainwright. The law’s language is overly broad, overwhelming courts, agreed former Texas 3rd Court of Appeals Justice Scott Field. “This is a huge judicial economy issue.” The proposed bill “strikes the right balance” protecting free speech while eliminating abuses, said AT&T Associate General Counsel David Tate, saying the carrier’s interest stems from its recent Time Warner Media buy. Opponents including Yelp, the American Civil Liberties Union, Institute for Justice and Protect Free Speech Coalition raised concerns that some revisions could leave some unprotected, such as by limiting protections to public speech on matters of public concern, a term they said is vaguely defined. While the 2011 law wasn't perfect, it allowed many valuable public conversations to "flourish," said ACLU Texas Senior Policy Analyst Matt Simpson.