Texas House bill could weaken free speech protections for negative reviews, opponents say

DALLAS - Free speech advocates are worried that a bill being considered in the Texas House would weaken protections against frivolous lawsuits.

House Bill 2988

What we know:

HB 2988 centers around what’s called SLAPP lawsuits, or Strategic Lawsuits Against Public Participation. These types of civil lawsuits are often used as a tactic to silence critics through the burden and cost of legal proceedings.

The bill would impact the Texas Citizens Participation Act, also known as TCPA. The intent of the 2011 act was to empower defendants against SLAPP lawsuits.

For example, if you leave a bad review for a business and the business sues you, you can challenge the lawsuit citing TCPA protections. Or if someone sues you for defamation and you win the case on a TCPA motion, the person suing must pay your legal fees.

FILE - Customer online reviews.

But State Rep. Mano DeAyala and some other Republican lawmakers want HB 2988 to make changes. They believe the TCPA is being abused.

What they're saying:

DeAyala, a Houston-area Republican, said he has no problem with the act, but he wants more guardrails to prevent what he calls abuse.

"They’re using it in a way that was unintended, and it’s creating significantly more litigation, more legal costs and more delays. It is slowing down the appellate court process and just causing a lot of problems," he said. "A lot of people use it as a litigation strategy because there are no negative consequences for doing it for delay and for other reasons."

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The other side:

Haynes Boone Media Law Chair Laura Prather and other free speech advocates believe HB 2988 will hurt Texans’ rights.

"Think about the person who posts an online review. A SLAPP suit can be brought against them. A person who notifies a government agency about an issue that they're having with somebody who's licensed," she explained. "Right now, under the law, you get your fees back. It helps you get a lawyer to begin with. It helps deter frivolous lawsuits. And it helps make you whole when somebody targets your constitutional rights by filing a bogus lawsuit against you."

Prather said the act is protection for people who never should have been sued in the first place.

What's next:

DeAyala said he recently met with stakeholders and decided to make changes to the bill’s language that he believes will make it less problematic.

The House Judiciary & Civil Jurisprudence Committee will hear testimony on the bill on Wednesday.