Texas prides itself on being a beacon of liberty, but a proposed bill threatens to undermine free speech and civic engagement while inviting politically motivated legal harassment.
Senate Bill 336, currently before the Texas Senate, would gut key protections in the Texas Citizens Participation Act (TCPA)—a crucial safeguard against frivolous lawsuits that are designed to silence speech. If passed, this bill would embolden left-wing activists and bureaucrats to weaponize the courts against conservatives, forcing them into costly, protracted legal battles merely for exercising their First Amendment rights.
For over a decade, the TCPA has shielded Texans from “strategic lawsuits against public participation” (SLAPPs)—meritless legal attacks meant to intimidate, exhaust, and bankrupt individuals or organizations. Established in 2011, the law explicitly protects the right to “petition, speak freely, associate freely, and otherwise participate in government” without fear of retaliatory litigation. SB 336 would chip away at these protections by allowing SLAPP cases to proceed even while an appeal is ongoing. In other words, a conservative could be dragged through a punishing legal process for years before finally being vindicated.
The fundamental danger of SB 336 lies in its potential to turn the legal system into a weapon against political enemies. Liberal activists and bureaucrats have long used vexatious litigation to punish and intimidate those who challenge their narratives. Religious organizations have been sued for simply adhering to their beliefs. Conservative journalists and media outlets have faced legal intimidation for exposing corruption. Grassroots activists have been harassed with lawsuits designed to drown them in legal fees and force them into submission.
In each of these cases, the goal isn’t necessarily to win in court, but rather to bog down the defendant in endless litigation, draining resources and time.
The statistics tell the story. More than half—53 percent—of lower court rulings against free speech are overturned, and nearly 88 percent of frivolous lawsuits fail on appeal. Yet the appeals process takes years. A defendant can spend up to eight years battling a case that never should have been filed in the first place. By the time justice arrives, reputations are tarnished, bank accounts depleted, and years of activism or business operations disrupted.
The mere threat of this kind of legal warfare is enough to create a culture of self-censorship. When conservatives know that merely speaking out or acting in accordance with their beliefs could land them in court, many will simply choose silence. Texas, a state that has long been a stronghold for free expression, would begin to look more like California or New York, where progressive orthodoxy reigns.
There is already ample evidence that the TCPA has been essential in defending free speech in Texas. In one case, investigative journalists from the Houston Chronicle and ProPublica exposed unethical behavior by a prominent surgeon, only to be slapped with a defamation lawsuit. Their reporting revealed the surgeon’s reckless practices in clinical trials, endangering patients for the sake of fast-tracking medical approvals. He sued, but thanks to the TCPA, the case was dismissed on appeal, a victory for journalistic integrity and freedom of the press.
It isn’t just media outlets that have been protected. A Dallas couple was hit with a $1 million lawsuit after leaving a one-star Yelp review about a pet-sitting company that failed to provide the service that was promised. The business accused them of defamation and breach of contract. Again, TCPA protections ensured the case was dismissed before it could bankrupt them.
Stories like these prove the law has been essential in protecting Texans from legal intimidation and abuse.
SB 336 would also deal a financial blow to Texas. Nonprofits and businesses would face skyrocketing insurance costs, given the increased risk of drawn-out litigation. Existing enterprises would see higher legal expenses, while prospective business owners and activists would be discouraged from proceeding with initiatives. The bill would further come with a steep price tag for taxpayers, who would ultimately foot the cost of an expanded state bureaucracy dedicated to enforcing politically motivated lawsuits.
Texans cannot afford to let SB 336 pass. Free speech is the foundation upon which all other freedoms rest. The TCPA has been a crucial line of defense against ideological censorship through lawfare, and dismantling it would hand leftist activists and government overreach a powerful new tool to suppress their opponents. Conservatives must resist this attack to ensure that SB 336 is defeated before it turns the courts into a weapon of political persecution.
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