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Governor Murphy Enacts Anti-SLAPP Law to Shield Free Speech in New Jersey
The new legislation, dubbed the ‘Uniform Public Expression Protection Act,’ fast-tracks the dismissal of meritless lawsuits aimed at stifling public discourse and free expression.
Governor Phil Murphy has signed the ‘Uniform Public Expression Protection Act,’ a bipartisan bill designed to protect New Jersey residents from frivolous lawsuits that seek to suppress free speech.
A Defensive Shield for Free Speech
In a move aimed at preserving the sanctity of free speech, Governor Phil Murphy today enacted legislation that aims to curb the misuse of litigation as a means to silence critics. Often used by powerful entities to stifle dissent, these types of lawsuits are known as Strategic Lawsuits Against Public Participation (SLAPP).
SLAPPs have historically targeted journalists, academics, advocates, and whistleblowers, among others.
"For far too long, the powerful have abused the justice system to suppress free speech through illegitimate lawsuits," Governor Murphy said. "This law will expedite the process to get these cases dismissed on behalf of those who have been unfairly targeted over the years."
Procedural Updates
The legislation, coded as S-2802/A-4393, enables defendants to file documents that force the plaintiff to prove the basis for their lawsuit. Courts are mandated to expedite this process, ensuring quicker dismissals and reducing the financial burden on the defendant. In addition, other related legal processes may be put on hold until a decision is made on the expedited dismissal.
Recovering Legal Fees
One significant feature of the new law allows defendants to recover legal fees in some instances if the lawsuit is dismissed. This further discourages the filing of meritless cases.
First Assistant Attorney General Lyndsay V. Ruotolo expressed her support: "People should be able to speak their mind on the issues that matter most to them without the fear of becoming ensnared in an expensive, time-consuming lawsuit."
Joining the Ranks
With the passage of this act, New Jersey joins several other states in establishing anti-SLAPP laws, becoming the sixth state to adopt especially strong protections as outlined by the Uniform Law Commission’s ‘Uniform Public Expression Protection Act.’
The bill was sponsored by Senator Joseph Lagana and Assemblyman Raj Mukherji, with additional support from Senator Jon Bramnick and Assembly members Carol Murphy and Kevin J. Rooney.
“Money and power shouldn't be tools to muzzle the voices of critics and whistleblowers,” noted Assemblyman Mukherji.
For residents of Morristown and Morris County, the law offers crucial protections for local journalists, small business owners, and activists, who can now more confidently engage in public discourse without fear of legal repercussions.
The enactment of the 'Uniform Public Expression Protection Act' aims to protect the constitutional right to free speech by quickly dismissing lawsuits intended to intimidate and silence critics. This represents a significant step forward in safeguarding the freedoms of New Jersey residents.
