PRINTER'S NO. 2188
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
421
Session of
2019
INTRODUCED BY WHITE, STAATS, SCHLOSSBERG, BARRAR, MILLARD,
ZIMMERMAN, MACKENZIE AND MOUL, JUNE 19, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 19, 2019
A RESOLUTION
Calling upon the Supreme Court of Pennsylvania to establish
rules to expedite the resolution of cases in which it appears
that the constitutional rights of a litigant are being
infringed, minimize the costs of resolving suits that are
brought for the purpose of stifling speech in matters of
public importance and ensure that litigants who abuse the
judicial process face appropriate consequences.
WHEREAS, There has been a disturbing increase in meritless
lawsuits brought for the purpose of intimidating and silencing
critics in matters of public importance by burdening them with
the often overwhelming costs of a legal defense; and
WHEREAS, Such lawsuits, often called "strategic lawsuits
against public participation" or "SLAPPs," chill the valid
exercise of the constitutional rights of freedom of speech and
petition for the redress of grievances; and
WHEREAS, Repeated frivolous litigation against a nonprofit or
civic organization may cause an increase in the cost of
directors' and officers' liability insurance, further
interfering with the organization's ability to operate; and
WHEREAS, Such lawsuits may also intimidate others from
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participating in public debate; and
WHEREAS, It is in the public interest to encourage
participation in matters of public importance; and
WHEREAS, The Constitution of Pennsylvania guarantees open
access to the courts and remedy by due course of law for
injuries to property, person or reputation; and
WHEREAS, Strategic lawsuits against public participation
improperly rely on the right to open courts as tools to infringe
upon the constitutional rights of others to the free exercise of
speech and the right to petition the government; and
WHEREAS, Such lawsuits are brought not to seek a just
resolution of disputes but instead to silence the economically
weaker party; therefore be it
RESOLVED, That the House of Representatives call upon the
Supreme Court of Pennsylvania to establish rules to expedite the
resolution of cases in which it appears that the constitutional
rights of a litigant are being infringed, minimize the costs of
resolving suits that are brought for the purpose of stifling
speech in matters of public importance and ensure that litigants
who abuse the judicial process face appropriate consequences.
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