By James Bopp, Jr., General Counsel for the National Right to Life Committee
Texans for Lawsuit Reform’s mission statement says it was founded to “fight back against job-killing, abusive lawsuits” and “shut down new abuses of the legal system.” But the so-called tort reform group makes an exception when it comes to one kind of tort: the kind that lets the powerful silence their critics through lawfare.
TLR is leading the charge at the Texas Legislature to weaken the Texas Citizens Participation Act, a 13-year-old law designed to stop frivolous SLAPPs (Strategic Lawsuits Against Public Participation). SLAPPs are often baseless defamation suits filed to punish individuals or organizations for speaking out on matters of public concern. The TCPA provides a critical safeguard by allowing defendants to seek early dismissal of these lawsuits and to appeal immediately if a judge refuses to dismiss the case. That’s precisely the protection TLR wants to eliminate through Senate Bill 336 and its companion House Bill 2459.
Why would an organization that claims to fight frivolous lawsuits want to gut a law that does exactly that? Their position is hypocritical. TLR’s millionaire backers are all for reforms that prevent ordinary Texans from suing them, but they’re happy to dismantle protections that stop them from using lawsuits to silence their critics.
The Mohamed v. Center for Security Policy case, often referred to as the “Clock Boy” lawsuit, is a prime example of why the TCPA matters. In 2015, Ahmed Mohamed’s arrest for bringing a homemade clock to school became a national controversy. His family then sued several conservative commentators and media organizations for defamation after they criticized the incident and questioned the motives behind the ensuing media frenzy. Among the defendants was conservative commentator Ben Shapiro, who had simply discussed the case on air. Thanks to the TCPA, the defendants were able to secure a quick dismissal and full reimbursement of their attorney’s fees. Without the TCPA, they could have been dragged through years of litigation simply for talking about a major news story.
Similarly, Texas Right to Life, Texas’s leading pro-life organization, has repeatedly relied on the TCPA to fend off lawsuits designed to silence its advocacy. In 2021, Planned Parenthood sued TRTL for publicizing the availability of private enforcement lawsuits under Senate Bill 8. TRTL used the TCPA to defend its constitutional rights, ensuring that advocacy on abortion policy remains protected.
Another case illustrating the importance of the TCPA involved Mark Lee Dickson, a pro-life activist known for his work advocating for “Sanctuary Cities for the Unborn.” In 2020, Dickson was sued for defamation because he claimed that abortion is murder and that organizations funding abortion are criminals. His case was dragged through the courts for over two years before finally being dismissed by the Texas Supreme Court. While he ultimately “won,” the legal and financial strain of the lawsuit caused serious harm—not just to him but to pro-life activism in general, casting a chilling effect on those who would dare speak out against abortion.
Likewise, a recent column by ProPublica editor Charles Ornstein illustrates the dangers of weakening the TCPA. Ornstein spent six years fighting a frivolous libel claim filed by a Texas surgeon. Even with the TCPA in place, the ordeal left him “acutely aware how even when you win a lawsuit, you can still lose.” His case underscores how critical this law is to protecting those who don’t have deep pockets to fund endless legal battles.
Ornstein was lucky – ProPublica covered his legal fees – but journalists spent countless hours working with lawyers rather than reporting news, which left the public without information it would have otherwise received. The nonprofit news organization’s insurance costs skyrocketed. Ornstein was even denied a mortgage because he truthfully answered a question about whether he was a defendant in a lawsuit. All of this happened, even though he ultimately won.
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The consequences of weakening the TCPA go beyond just prominent conservatives, pro-life activists, and journalists. Everyday Texans also depend on it to protect their right to engage in political speech, report on wrongdoing, and hold powerful institutions accountable. Consider small-town journalists who expose corruption in local government. Without the TCPA, they could be tied up in court for years, their publications bankrupted by legal fees before they ever get a chance to defend themselves. Or consider citizen activists who criticize unethical business practices—without the TCPA, those businesses could file lawsuits to silence dissent, knowing full well they might not win in the end but could financially exhaust their critics.
The part of the TCPA that TLR wants to scrap is the provision that stays a case if a SLAPP victim appeals when a trial judge refuses to dismiss their case. If SB 336 or HB 2459 get passed, SLAPP victims could be left fighting their attackers on two fronts, in a trial court and in a court of appeals, all at the same time. Not to mention the mess it would make of the court system – resulting in anything but the judicial economy TLR professes to promote.
But here’s the reality: People who file SLAPPs don’t care if they ultimately lose at trial. Their goal is to drown their critics in litigation costs, draining their resources until they can no longer speak out. SLAPPs not only distract nonprofit advocacy organizations, like Texas Right to Life, from serving their communities — they can push them into insolvency. And that’s not to mention the impact defending a SLAPP can have on individuals who criticize the powers that be.
This is particularly egregious given TLR’s history of supporting the TCPA when it was first passed in 2011. Back then, the organization recognized the real threat posed by meritless lawsuits designed to stifle speech. But now, perhaps due to pressure from powerful interests that benefit from SLAPP suits, TLR has reversed course. The same organization that once championed tort reform is now actively working to undermine one of the most successful tort reform laws in Texas history.
The millionaires behind TLR support reforms that prevent you from suing them, but they’re all too eager to undermine reforms that stop them from suing you. Their efforts to gut the TCPA should be no less shocking than if PETA were caught selling fur coats.
The TCPA protects Texans across the ideological spectrum, from grassroots activists to government watchdogs to on-line reviewers. Weakening the TCPA would embolden litigious corporations, political operatives, and deep-pocketed individuals to use the courts as a cudgel against their opponents. The impact would be devastating not just for those sued, but for the fundamental principles of free speech and open debate in Texas.
It’s unfortunate that tort reform advocates now want to gut one of Texas’ most successful tort reform laws. Their disdain for expensive litigation disappears when they’re the ones filing the lawsuits. Texans should reject these disingenuous, self-serving attacks and tell their lawmakers to leave the TCPA alone, ensuring that all of us—whether pro-life advocates, journalists, or everyday citizens—can continue speaking truth to power without fear of retaliation.
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