JEFFERSON CITY -- Sen. John Loudon, R-West St. Louis County, has successfully passed legislation that will create protections against so-called "SLAPP" lawsuits.
On Wednesday, Loudon was able to amend language onto House Bill 198 that is nearly identical to language in an anti-SLAAP bill he had introduced earlier in the session. That bill goes back to the House for final approval.
SLAAP (Strategic Lawsuit Public Participation) lawsuits are initiated by public officials against private citizens with the intent of silencing criticism and stifling petitioning activity.
"This legislation will chill the chillers of free speech," said Loudon. "The government has a legitimate interest in preventing SLAPP lawsuits because government wants input from its citizens. If a private citizens are afraid of being sued, their view will not be heard."
Defending a SLAAP lawsuit, even when the legal defense is strong, requires a substantial investment of money, time and resources. The resulting effect is a "chill" on public participation in, and open debate on, important public issues.
"This 'chilling' effect is not limited to the SLAPP target," said Loudon. "Fearful of being the target of future litigation, others refrain from speaking on, or participating in, issues of public concern."
In August, St. Louis County Circuit Judge David Lee Vincent III dismissed a libel lawsuit filed by Creve Coeur Mayor Annette Mandel against six Creve Coeur residents. The suit claimed that the residents engaged in libel and slander when they publicly criticized the mayor for her handling of appointments to a citizens advisory committee.
"One of the things I have tried to do in my political life is to encourage public participation in the political process," said Loudon. "The right of all Americans to speak freely is sacrosanct, and no one - especially a government official - should attempt to interfere with that."
This legislation provides a means for a quick dismissal of SLAPP lawsuits, and to allow defendants to recover their attorney's fees.
"We want to protect the right of citizens to petition the government," Loudon said. "This is the essence of what the First Amendment is supposed to protect."