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Wednesday, October 16, 2024

Ohio Senate passes bill protecting First Amendment rights against SLAPP lawsuits

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State Senator Theresa Gavarone | The Ohio Senate

State Senator Theresa Gavarone | The Ohio Senate

COLUMBUS—The Ohio Senate has passed Senate Bill 237, aimed at protecting the First Amendment rights of Ohioans. The legislation, sponsored by State Senator Theresa Gavarone (R-Bowling Green) and State Senator Nathan Manning (R-North Ridgeville), establishes a judicial process to prevent meritless lawsuits intended to intimidate individuals exercising their Constitutional rights.

Senate Bill 237 specifically targets Strategic Lawsuits Against Public Participation (SLAPP), which are often used to deter individuals or groups from discussing public issues. These lawsuits can be time-consuming and expensive for defendants, with average defense costs reaching $39,000 and potentially escalating into six figures or even millions.

"It's critical we protect your basic right to freedom of speech, which is under attack by lawsuits that burden Ohioans with high legal fees and overwhelming stress," Gavarone stated. "We heard numerous stories in committee from people who suffered because of these cases. Senate Bill 237 aims to stop these lawsuits from harming more people's lives."

The bill introduces an expedited process for dismissing SLAPP cases if they meet specific criteria, allowing defendants to recover attorney fees and other court costs if the case is dismissed.

"The focus of this legislation is to establish a way for fast judicial relief, getting meritless cases out of the courts and out of the way for defendants," Manning said. "Throughout our process, we heard from individuals, including domestic violence victims, about the detrimental effects of these lawsuits on their lives. Senate Bill 237 will benefit Ohio’s justice system and those who are wrongly impacted by these harmful suits."

Currently, 33 states and the District of Columbia have anti-SLAPP laws in place. Six states follow a model similar to S.B. 237 established by the Uniform Law Commission, while nine others have pending legislation.

Senate Bill 237 now moves to the Ohio House for consideration.

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