Reporters Committee executive director testifies in favor of new Md. anti-SLAPP bill

Reporters Committee for Freedom of the Press Executive Director Lucy Dalglish testified today before the Senate Judicial Proceedings Committee of the Maryland General Assembly, in support of SB 221. SB 221 clarifies and modernizes Maryland's anti-SLAPP law. SB 221 is sponsored by Sen. Brian Frosh. Eric Lieberman, Vice President and General Counsel for the Washington Post, also testified at the hearing.

“Make no mistake, the damage SLAPP suits bring is palpable,” Dalglish wrote in her remarks. “Even if a defendant ultimately prevails in the suit, the cost of defending the lawsuit can be ruinous.”

SB 221 offers several important improvements to the current law. First, it would remove the requirement that defendants show that the plaintiff filed the lawsuit in “bad faith” – that is, with the intent to use it to stifle constitutionally protected expression – in order to have the lawsuit dismissed as a SLAPP. Requiring defendants to prove bad faith is actually at odds with the intent of anti-SLAPP laws more generally. These laws are intended to provide an efficient and expeditious means of dismissing meritless lawsuits, in order to minimize as much as possible the expense that the defendant must incur. By requiring the defendant to prove bad faith, the current law effectively adds a factual element that must be shown through costly discovery. Maryland is the only state in the country with such a requirement.

The bill also provides a clear procedural roadmap for courts to use when dealing with SLAPPs. SB 221 makes clear that, upon an initial showing by the defendant that the lawsuit is a SLAPP, the burden would then shift to the plaintiff to show by “substantial evidence” a likelihood of prevailing in the case. Failure to do so means dismissal.

The bill requires that all discovery and pending hearings or motions be stayed upon the filing of an anti-SLAPP motion, allowing the defendant to avoid expensive discovery if they will ultimately prevail on the motion. It also includes a provision requiring that a defendant who prevails on an anti-SLAPP motion receive reasonable attorney’s fees and costs from the plaintiff.

About the Reporters Committee for Freedom of the Press

Founded in 1970, the Reporters Committee for Freedom of the Press offers free legal support to thousands of working journalists and media lawyers each year. It is a leader in the fight against persistent efforts by government officials to impede the release of public information, whether by withholding documents or threatening reporters with jail. In addition to its 24/7 Legal Defense Hotline, the Reporters Committee conducts cutting-edge legal research, publishes handbooks and guides on media law issues, files frequent friend-of-the-court legal briefs and offers challenging fellowships and internships for young lawyers and journalists. For more information, go to www.rcfp.org, or follow us on Twitter @rcfp.