Opinion: How Wisconsin can slap down efforts to silence speech

If you’re following recent national headlines, you know that attacks on press freedom are having a moment — from the FBI’s raid on the home of Washington Post reporter Hannah Natanson and seizure of her devices to the arrests of journalists Don Lemon and Georgia Fort following their coverage of a protest at a Minneapolis church.
But some positive news is emerging in Wisconsin: State legislation is advancing that would make it harder to use the courts to silence people speaking on matters of public concern — whether they’re journalists or private citizens — by draining their time and resources.
About 14 months ago, I wrote about how Wisconsin is particularly vulnerable to these kinds of lawsuits, one of just 11 states without legislation to shield residents from them. Our friends at the Wausau Pilot & Review felt the consequences firsthand, spending $200,000 to defend themselves against a since-dismissed defamation lawsuit.
There was little momentum for anti-SLAPP legislation when I wrote the column. But that has since changed.
Lawmakers last year introduced bills that would create a clearer process for quickly dismissing SLAPP suits and require defendants’ legal fees to be paid by plaintiffs who bring meritless claims: AB 701/SB 666, introduced by Republican Reps. Jim Piwowarczyk and Sen. Eric Wimberger, with a suite of co-sponsors, including Democratic Reps. Sylvia Ortiz-Velez and Randy Udell.
The Assembly passed AB 701 last month with unanimous consent — a rare show of bipartisan agreement. The legislation still requires Senate passage before reaching Gov. Tony Evers’ desk.
If it makes it to the finish line before the Senate wraps up for the year, its impact would extend well beyond newsrooms. Everyday people face SLAPP risks, too. People in other states have been sued for leaving negative reviews online.
As a fiercely independent newsroom, Wisconsin Watch doesn’t typically opine on specific policies; we assemble information on matters of public concern so residents can form their own views through their own value systems. But free expression is fundamental to what we do — and fundamental to a functioning democracy.
That’s why Wisconsin Watch is joining other newsrooms and free speech advocates in urging the Senate to enact protections against frivolous lawsuits.
Have thoughts about this legislation or this moment for free speech in Wisconsin and the U.S.? I’d love to hear from you. Reach me at jmalewitz@wisconsinwatch.org.

Wisconsin Watch is a nonprofit, nonpartisan newsroom. Subscribe to our newsletters for original stories and our Friday news roundup.
Opinion: How Wisconsin can slap down efforts to silence speech is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.
