NAACP Announces Support for Cohen's Citizen Participation Act

WASHINGTON, D.C. – The National Association for the Advancement of Colored People (NAACP) recently sent a letter to Congressman Steve Cohen (TN-9) expressing its support for legislation he authored – the Citizen Participation Act (H.R. 4364). The measure would provide uniform protection against Strategic Lawsuits Against Public Participation, also known as SLAPP suits, which are used to silence and harass critics.

“The NAACP’s support of the Citizen Participation Act will help move the measure forward in Congress,” said Congressman Cohen. “SLAPP suits have long been used to intimidate critics with meritless defamation lawsuits. The Citizen Participation Act is needed to stop those who swindle consumers, steal fiduciary funds, or endanger public health or the environment from using the courts to silence citizens who would speak out against them. My bill would help put an end to this deplorable practice.”

The letter – which was authored by Hilary O. Shelton, Director of the NAACP Washington Bureau and Senior VP for Advocacy and Policy – said the organization supports Congressman Cohen’s legislation “due in part to the numerous times that NAACP members raised legitimate complaints about clearly improper actions, including cases of improper racial discrimination and were unjustly sued for their courageous efforts.

Special interests and local government officials, who don’t like their misdeeds made known to the world, increasingly use SLAPP suits as vicious weapons to silence hard-working employees, constituents, customers, tenants and other whistleblowers. They know that such suits, although totally meritless, can be brought with impunity and effectively intimidate and silence both those whom they sue and others who are deterred from speaking up. The need for a federal statutory remedy is clear.”

Free speech and the right to petition the government are enshrined in the First Amendment and are vital to a healthy democracy. However, these rights can be threatened by those who file lawsuits with the sole purpose of silencing and harassing their critics. These SLAPP suits use the court as a weapon to stifle participation in government and chill expression about matters of public interest. They also drain judicial resources and divert the parties’ resources away from productive pursuits.

More than half the states in the country currently have anti-SLAPP legislation, but a federal law is needed to provide relief to the citizens of states without anti-SLAPP protections and to provide an additional tool for all citizens to fend off SLAPP suits. Congressman Cohen’s measure would provide uniform protection against SLAPP Suits in state and federal court. The bill would:

• Provide qualified immunity for communications with the government;
• Employ procedural protections to filter groundless cases before the costs and burden of litigation cause defendants to waive their First Amendment rights by “correcting” or silencing themselves as part of a settlement;
• Allow a SLAPP defendant to bring a special motion for early dismissal, and to stay most discovery proceedings pending disposal of the motion; and
• Enable a defendant who prevails on the special motion to recover fees and costs.

Congressman Cohen’s bill is supported by a diverse coalition committed to protecting citizen participation that includes the Alliance for Justice, the Center for Competitive Politics, the Natural Resources Defense Council, and the Government Accountability Project.