Kentucky Lawmakers Consider Limiting Lawsuits That Target Critics

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Some Kentucky lawmakers are pushing for a bill to discourage lawsuits that seek to intimidate or silence critics with lengthy legal proceedings.

Free speech advocates say wealthy businesses and individuals are filing what is called a strategic SLAPPa lawsuit against public participation to retaliate against individuals or organizations that criticize them.

Lawsuits force critics to defend themselves in long and costly litigation before a court determines the outcome.

Representative Nima Kulkarni, a Democrat from Louisville, is pushing the legislature to pass anti-SLAPP law. She says lawsuits create a chilling effect on free speech and plaintiffs often have no intention of winning in court.

Often times, these lawsuits are meant to delay things or to discourage individuals from continuing in this talk. It could be fair until the point becomes moot, it could be until the public interest wanes, Kulkarni said.

At least 30 states have adopted some form of anti-SLAPP legislation, some of which only apply to the media, others protect a wider range of people and organizations.

Lawmakers discussed SLAPP issues in a legislative hearing Thursday. Kulkarni introduced an anti-SLAPP bill ahead of the 2020 legislative session, but he did not move forward.

Under this version of the bill, defendants could ask a judge to dismiss a SLAPP lawsuit before the lengthy discovery phase of the proceedings, unless the plaintiff can prove that he will have a high probability of success in the business.

Sen. Phillip Wheeler, a Republican from Pikeville, said he was concerned an anti-SLAPP law would limit access to the courts.

I can see some merit in what you’re trying to achieve, but I also think it’s a slippery slope to a civil justice system and system in Kentucky that I’m just extremely opposed to that part winner is still entitled to attorney fees, says Wheeler.

Rep. Jason Nemes, a Republican from Louisville who supports the measure, said critics should prove they were not abusing the court system.

If you are taking legal action against someone for exercising their right to speak and participate in the public process and they can prove that it is an abuse of the justice system, they must prove it in court. court. Only then will this apply, Nemes said.

If a bill is tabled, it will be considered in the next legislative session, which begins in January.

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