BEN FERGUSON: Texas Bill undermines First Amendment and silences conservatives

In today’s America—where woke ideology dominates our institutions, schools, and even our courts—conservative voices are not just helpful; they’re essential. We are the ones holding the line against an aggressive agenda that seeks to erase our values, rewrite our history, and silence anyone who dares to stand in the way. Texas, for years, has been a refuge—a place where truth-tellers and bold voices had the protection of the courts, thanks to the Texas Citizens Participation Act, a strong anti-SLAPP law designed to defend free speech.

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Hypocritical Bill Targets Texans’ Free Speech

Texans for Lawsuit Reform’s mission statement says it was founded to “fight back against job-killing, abusive lawsuits” and “shut down new abuses of the legal system.” But the so-called tort reform group makes an exception when it comes to one kind of tort: the kind that lets the powerful silence their critics through lawfare.

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For the rich, free speech — for others, a SLAPP in the face

Fourteen years ago, the legislature passed vital protections for freedom of speech in the Texas Citizens Participation Act. This week, they’re looking to gut it.

The TCPA addresses the common problem of “strategic lawsuits against public participation,” or SLAPPs. These are frivolous lawsuits brought by the wealthy or powerful against private citizens to stop them from exercising their free speech rights.

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The Texas Anti-SLAPP Law Be Neutered For All The Wrong Reasons

The Texas Legislature is back in session. That means a continuation of the effort to significantly scale back the effect of the Texas Citizens Participation Act (“TCPA”), which is the Lone Star State’s Anti- SLAPP law. Bills have been filed or re-filed that seek to do away with parts of the TCPA which give that law its teeth. The Bills are SB336, HB 2459 and HB 2988. As will be discussed below, the Bills all fail to address the real problem confronting Texas courts and litigants ― the judicial pink elephant in the room.

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The Truth About the TCPA

At a recent Texas House hearing to consider changes to the Texas Citizens Participation Act, a select group of witnesses offered up some common misperceptions about the law. The speakers claimed that TCPA cases account for fully 40 percent of the docket in the Dallas
court of appeals and that tort reform groups never supported the law, when, in fact, both of those assertions are demonstrably false.

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