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Wednesday, October 16, 2024

Ohio Senate passes bill protecting First Amendment rights

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State Senator Nathan Manning | The Ohio Senate

State Senator Nathan Manning | The Ohio Senate

The Ohio Senate has passed Senate Bill 237, a measure designed to protect the First Amendment rights of Ohioans. The legislation, sponsored by State Senator Nathan Manning (R-North Ridgeville) and State Senator Theresa Gavarone (R-Bowling Green), establishes a judicial process aimed at preventing meritless lawsuits that seek to intimidate individuals for exercising their constitutional rights.

Senate Bill 237 specifically targets Strategic Lawsuits Against Public Participation (SLAPP), which are often used to silence individuals or groups discussing public issues. These lawsuits can be both time-consuming and costly, with the average defense cost estimated at $39,000 but potentially reaching six figures or more.

"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."

The bill introduces an expedited process allowing individuals engaged in speech protected by the U.S. Constitution to have SLAPP cases dismissed if they meet specific criteria. Additionally, it permits defendants to recover attorney fees and other court costs if the case is dismissed.

"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 said. "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."

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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