New York strengthens protections against frivolous lawsuits
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Legislation supported by State Sen. Brad Hoylman was passed by Gov. Andrew Cuomo. AP Photo/Hans Pennink
By Rachel Vick
Legislation signed by Gov. Andrew Cuomo Nov. 10 will strengthen state protections against frivolous lawsuits that are intended to stifle respondents’ right to free speech, with important implications for news outlets, activists and victims of sexual assault.
The measure penalizes “strategic lawsuits against public participation,” or SLAPPs — litigation frequently filed by wealthy plaintiffs who seek to obstruct criticism or reporting by tying the respondent up in an expensive and drawn out court battle. Attorney fees and other court costs can discourage the respondents from challenging the lawsuit, even if the litigation is flimsy.
The new legislation, sponsored by State Sen. Brad Hoylman, amends the Civil Rights Law to require the recovery of costs and attorneys fees if the lawsuit is found to have been initiated in bad faith.
"For too long, powerful and wealthy interests have used frivolous lawsuits to harass and intimidate critics by burdening them with exorbitant legal fees and time consuming legal processes,” Cuomo said.
Previous state law faced criticism for being too-narrowly defined and leaving defendants vulnerable in court. The state rarely imposed the return of fees as outlined by the law, according to the new bill’s sponsors.
The amended law expands the definition of “an action in the public interest” to establish one of the strongest anti-SLAPP laws in the country and will protect “New Yorkers’ free speech from vindictive bullies,” Hoylman said.
Anti-SLAPP laws can protect people who speak out at a public hearing or who are being pressured after accusing someone of sexual assault.
SLAPPs are also frequently filed to suppress news journalism. The New York Times cited frivolous lawsuits filed by Donald Trump against reporters and publications in a July editorial backing the anti-SLAPP legislation.
The Reporters Committee for the Freedom of the Press maintains a database of SLAPPs, which they describe as “an all-too-common tool for intimidating and silencing criticism through expensive, baseless legal proceedings.”
"It's unacceptable that wealthy and powerful interests like Donald Trump have been able to abuse New York's civil justice system by bringing meritless lawsuits against their critics with the intent of harassing, intimidating, and bankrupting them,” Hoylman said. “That ends today.”
