Montana’s First Amendment rights received a significant boost with the recent signing of House Bill 292 by Gov. Greg Gianforte. This bill enhances protection against “strategic lawsuits against public participation” (SLAPPs), which are often used to silence speech through costly legal procedures. The timing coincided with World Press Freedom Day, highlighting the importance of free expression.
Sponsored by Rep. Tom Millett, R-Marion, HB 292 allows early dismissal of SLAPPs and suspends legal proceedings while the court reviews the case swiftly. Defendants are also entitled to attorney fees if a SLAPP is rejected. Inspired by Idaho’s anti-SLAPP law, enacted in March, this legislation represents a broader movement to safeguard public participation and free speech.
Renee Griffin from the Reporters Committee for Freedom of the Press noted the widespread adoption of anti-SLAPP legislation, with nearly three-quarters of U.S. legislatures following suit. Griffin praised Montana’s robust legal framework, emphasizing its critical role in empowering journalists to pursue in-depth reporting without fear of retaliation.
SLAPP lawsuits have historically been used to curb free expression, even involving major media. Notable cases include Robert Murray’s defamation suit against HBO and John Oliver, which, despite being unsuccessful, imposed significant legal costs. The financial burden is particularly daunting for smaller newsrooms in Montana, as noted by Griffin.
During legislative discussions, the bill received strong support from entities like the Montana Trial Lawyers Association and the ACLU, with no recorded opposition in either the House or Senate. The Montana Newspaper Association’s Jim Strauss highlighted the bill’s role in deterring frivolous lawsuits aimed at limiting public discourse and media coverage. Passed by a large majority, the new law marks a pivotal moment for press freedom and public engagement in Montana.
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