EDITORIAL: Free to speak out

Tuesday June 7, 2011
 
 

We’ve been staunch supporters of tough tort reforms pushed by Gov. Rick Perry, including “loser pays” legislation this session that allows defendants targeted by certain lawsuits deemed frivolous to collect legal costs. But all of this will ring hollow if Perry doesn’t sign another bill that would permit judges to more promptly dismiss suits whose real intention is to silence citizens who speak out.

Texas HB 2973, passed by both the Texas House and Senate, is really more about First Amendment rights than anything else. It’s about those of you who occasionally feel compelled to air concerns and grievances in the greater public arena, then face obviously groundless lawsuits whose real intent is to intimidate and muzzle you.

Besides allowing judges to more readily dismiss such suits, this bill would compel those behind these suits to pay attorneys’ fees and court costs that might otherwise sink defendants, even if they prevailed in court.

Like the compromise hammered out on “loser pays” legislation, HB 2973 has strong support from both trial lawyers and supporters of tort reform. If passed, Texas would become the 28th state to benefit from such a law.

With more and more Americans sounding off at town-hall meetings and in letters to the editor and at public rallies, the spirit of America is alive and well and, yes, sometimes stirred up. Citizens are at their best when engaged and informed and willing to speak out. Lawmakers in both parties acknowledge this and we are now confident that our governor, no slouch himself in speaking out, will follow through and ensure that this law neatly complements the most important amendment of all in the Bill of Rights.

 

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