Thursday, April 9, 2009

Protect Freedom of Speech

Dear Supporter,

The Senate & House have introduced a terrible bill, one that will directly weaken one of American citizens’ most important constitutional rights. The bill has made it to the Minnesota Senate floor and awaits a vote.

This bill chips away at Minnesota's anti-SLAPP suit law, a law that protects citizens' right to participate and influence government policy without fear of reprisal. SLAPP stands for Strategic Litigation Against Public Participation. Because of the anti-SLAPP law, when the ACLU sues the government, it does not have to fear a civil suit from the interest groups that pushed the government to adopt unconstitutional policies in the first place.

Since 1791, all citizens have had the constitutional right to petition government, including filing a lawsuit. In order to protect this right, and to ensure citizens can exercise it freely, citizens must be shielded from SLAPP suits whether they win or lose the petition, so that they are not intimidated by some industry demanding millions because of alleged lost business opportunities. If major moneyed interests could sue us (citizens) whenever we ask our government to enforce a law or pass one, it would chill our willingness to exercise that fundamental right.

Minnesota's anti-SLAPP law (Minn. Stat. § 554) strengthens the constitutional legal right to petition government by providing protection from retaliation and intimidation when we petition government, including when we go to court to challenge a governmental decision that is contrary to law. SF1130/HF1557 would weaken the law by eliminating protections for legal challenges to governmental decisions.
Take Action
Senate File 1130/HF 1557 is an assault on citizens’ First Amendment constitutional right to petition government. It deletes protection for people who sue to reverse a bad governmental decision. It would expose citizens to real and threatened lawsuits just for going to court to try to enforce the law. Rather than Minnesota’s anti-SLAPP law strengthening constitutional rights, it would effectively weaken those rights. Citizens and their watchdog groups would be vulnerable to industry lawsuits any time they challenge an apparently bad government decision. Please contact your legislators today and tell them to oppose this bill. Sincerely,

Carolyn Jackson
Lobbying Coordinator
ACLU of Minnesota https://secure.aclu.org/site/Advocacy?JServSessionIdr009=0h0h9q7lt1.app25a&cmd=display&page=UserAction&id=1447

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