"I am a free speech absolutist," Elon Musk declared on Twitter in 2022. Now his $1 million donation backs legislation that would remove a crucial shield protecting ordinary Texans from expensive lawsuits: the guarantee that they can recover legal fees when they successfully defeat frivolous claims.
The proposed changes to Texas' anti-SLAPP law would eliminate automatic fee recovery for defendants who prove a lawsuit was filed to silence them. As The Lever reports, this means wealthy plaintiffs could force critics into expensive legal battles without risk of having to pay the defendant's costs – even when a court rules the suit was meritless.
From The Lever:
Texas passed its law after a number of high-profile SLAPP cases. One involved author Carla Main, who wrote a nonfiction book in 2007 about the abuse of eminent domain by real estate developers, covering several incidents in Freeport, Texas. In 2008, a developer whose practices were scrutinized in the book sued Main, her publisher, a newspaper that reviewed the book, and a law professor who wrote a blurb on the back jacket.
Main ultimately prevailed in the case on appeal, with all the disputed claims found to be factual. But it took over three years of litigation and significant financial costs. The judge who initially ruled in favor of the developer was in the middle of his own SLAPP lawsuit, yet he didn't recuse himself from the case. The judge was later pushed off the bench for unrelated improper behavior.
The Texas Republican Party opposes these changes, with their platform explicitly supporting the current law's protections. Texans for Lawsuit Reform, which received Musk's donation, argues the existing law is being misused to delay legitimate cases. But critics say removing guaranteed fee recovery would give the wealthy a powerful weapon: the ability to financially exhaust their critics through legal costs, even in cases they expect to lose.
"The reality is wealthy people don't need [first amendment protections], it's the little guy who needs them," explains GOP lawyer Tony McDonald, who has defended targets of such suits. First Amendment attorney Laura Prather adds: "You're just going to see people settle more and start self-censoring… why take the financial risk?"
Previously:
• Judge tosses out Hulk Hogan lawyer's suit against Techdirt over that guy who claimed he invented email
• 'Pickup artist' douche uses copyright to sue Youtube critics, fans raise $100K defense fund
• MagicJack Legal Documents
• MagicJack dials wrong number in legal attack on Boing Boing
• Pro bono lawyers rescue scienceblogger from naturopath's SLAPP legal threats
