Speak Free Act deserves support from current and future journalists

The American Society of News Editors welcomes the introduction of the Speak Free Act, which is Anti-SLAPP legislation that will help protect the rights of current and future journalists. Careful reporting and editing will protect student journalists against most legal threats, but the threat of a frivolous lawsuit could still be detrimental to a student media organization.

SLAPP stands for “Strategic Lawsuit Against Public Participation.” Although about 30 states currently have Anti-SLAPP laws, which make it easier to fight back against frivolous lawsuits designed to simply silence critical speech, the absence of these laws is felt in the balance of the states and when lawsuits (often defamation lawsuits) are filed in federal courts. The Speak Free Act is the latest attempt to fill these gaps.

It’s important that student journalists are educated on press laws and journalistic responsibilities. The Student Press Law Center offers resources for teaching students about libel and privacy invasion, and SchoolJournalism.org offers lesson plans on law and First Amendment issues. SPLC also offers guidance to students and teachers with legal questions or whose publications are being threatened with a lawsuit.

The Speak Free Act is modeled on Texas’ relatively recently enacted Anti-SLAPP law. Not only does it provide procedures to accelerate the dismissal of a frivolous lawsuit, but also the deterrent effect of a possible damage award to a victorious defendant. Both provide much needed leverage for a news publication to push back against threatened lawsuits and allow you to “stick to your guns” when you know the story you have written is correctly reported.