The Free Press Act: A Proposal to Reinvigorate Our Freedom of Speech

-By Warner Todd Huston

In this day of mounting threats to our freedoms it is time to reinvigorate our Bill of Rights and so Senator John Kyl (R, AZ) has introduced S. 3493, The Free Press Act. This bill aims to prevent nuisance lawsuits meant only to quash freedom of speech, to stop the intimidation of journalists, bloggers, and those testifying before government.

One would have hoped that such a bill would be unnecessary, but in our day of increasing attacks on freedom of speech perhaps the time has come to reaffirm and remind us all of the legacy our founders left to us.

The biggest development overseas in the campaign to eliminate free speech and freedom of the press has been the constant use of defamation lawsuits to silence the sort of speech certain parties are not fond of. These barrage attacks are often called “lawfare” and, sadly, they have come to our shores, as well.

In our system these attacks on free speech are called “SLAPP lawsuits.” These lawsuits come in two varieties, one against people who testify before government committees or in hearings and, two, increasingly against people who write opinion editorials or news reports. This could also apply easily to bloggers.
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The Free Press Act: A Proposal to Reinvigorate Our Freedom of Speech”