Oklahoma City -- A broad coalition of groups that support freedom of speech and the press has sent a letter of thanks to Governor Kevin Stitt for his veto of House Bill 1236.

The measure would have weakened the Oklahoma Citizen Participation Act, which provides legal recourse against frivolous lawsuits that are intended to chill free speech.

Oklahoma House Speaker Charles McCall. R-Atoka, and state Senator Greg McCortney, R-Ada, sponsored H.B. 1236. The Speaker attempted to override Gov. Stitt’s veto, but the measure failed to receive even a simple majority of votes — far short of the super-majority required.

The text of the letter is below.

Dear Governor Stitt:

The undersigned organizations, which represent a broad coalition across the political spectrum, thank you for vetoing House Bill 1236.

The Oklahoma Citizens Participation Act is one of the nation’s best anti-SLAPP laws. H.B. 1236 would significantly weaken that law’s protections for citizens faced with expensive and meritless lawsuits (known as SLAPPs, or Strategic Lawsuits Against Public Participation) aimed at silencing their speech.

The bill would remove current law’s requirement that a speaker who successfully files an anti-SLAPP motion to dismiss a meritless case be awarded fees to recover litigation costs. This is a vital deterrent against SLAPP lawsuits. Without an award, a defendant might win the lawsuit, but still suffer financial devastation from costs owed to their lawyers.

Every state should follow Oklahoma’s lead to reduce the punishment that unscrupulous litigants can mete out to their critics and adversaries. Automatic costs and attorney’s fee awards do just that. Importantly, such fee-shifting also enables more attorneys to represent those with limited means fighting a SLAPP.

Thank you, Governor Stitt, for safeguarding the Oklahoma Citizens Participation Act that protects citizens’ rights to speech, press, assembly, and petition.

Sincerely, Institute for Free Speech

Joined by: American Civil Liberties Union of Oklahoma, Americans for Prosperity-Oklahoma, Authors Guild, Better Business Bureau serving Central Oklahoma, Better Business Bureau serving Eastern Oklahoma, International Association of Better Business Bureaus, Center for Biological Diversity, Foundation for Individual Rights and Expression, James Madison Center for Free Speech, Motion Picture Association, National Coalition Against Censorship, National Taxpayers Union, Oklahoma Council of Public Affairs, OCPA Action, Oklahomans for Fairness, Oklahomans For Life, People for Opportunity, Public Participation Project, Reporters Committee for Freedom of the Press, Society of Professional Journalists.

Note: Trent England, author of this news story, is the David and Ann Brown Distinguished Fellow at the Oklahoma Council of Public Affairs. Pat McGuigan of The City Sentinel – who is a member of the Society of Professional Journalists -- prepared this story for posting, and selected graphics as illustrations. Go here: (https://www.city-sentinel.com/business/to-governor-kevin-stitt-please-veto-house-bill-1236/article_4f17b964-f7f8-11ed-90e0-93733301a874.html ) to view The City Sentinel’s editorial asking Governor Stitt to veto H.B. 1236.

 
 
 

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