Lawmakers want to expand who is protected from SLAPPs, lawsuits that target whistleblowers or other critics. (Photo by Joe Raedle/Getty Images)
An Assembly panel on Thursday approved an expansion of a recent law allowing for speedy dismissal of frivolous, retaliatory lawsuits that would extend its protections to victims of sexual assault, harassment, and discrimination.
The bill would allow these victims to have courts require plaintiffs targeting them to demonstrate the basis for their suit, expedite case timelines, and pause related proceedings until a judge rules on their motion.
“I have had conversations with professionals who’ve worked in spaces where they were threatened for retaliation for sexual harassment in the workplace, not able to get tenure in higher education institutions,” said bill sponsor Assemblywoman Shavonda Sumter (D-Passaic). “Unfortunately, the perpetrators continued to harass and ultimately assaulted someone. Being able to protect people in all spaces is what this legislation is about.”
Lawsuits known as SLAPPs — or strategic lawsuits against public participation — often target whistleblowers or others in an attempt to silence them. Under a law Gov. Phil Murphy signed in September 2023, defendants targeted by these complaints can seek expedited dismissal of them and, if they succeed, win attorney’s fees.
Under that law, people are protected from SLAPP suits for statements they make in governmental proceedings and for exercises of constitutional rights to free speech, a free press, and association, among others.
The bill the Assembly Community Development and Women’s Affairs Committee approved unanimously Thursday would extend SLAPP protections to individuals who, without malice, make reports or complaints about a sexual offense or a violation of the New Jersey Law Against Discrimination, or who faced retaliation for lodging such a complaint.
Victims would not be required to press criminal or civil charges over the matter to earn SLAPP protections, though the bill would require they have or had a reasonable basis to make the initial complaint.
Supporters said they hope the legislation would offer more security for sexual assault victims.
“As an attorney representing sex assault victims, it is so scary to bring a case forward and then to have to worry about retaliation,” said Assemblywoman Jessica Ramirez (D-Hudson).
Sumter’s bill would entitle successful defendants to punitive and compensatory damages in an effort to further deter frivolous suits.
“We needed stronger language because that was being used as a tool for silence,” said Sumter, referring to SLAPPs. “We really wanted to strip away that tool, put it on the other end because a perpetrator is a perpetrator, and that one silence leads to continued offense and abuse.”
New Jersey became the 33rd state to adopt anti-SLAPP legislation when Murphy signed the Uniform Public Expression Protection Act following unanimous votes in both chambers.
The bill advanced Thursday appears to hold similarly broad bipartisan support.
Though Sen. Angela McKnight (D-Hudson) introduced a companion Senate bill in October, that measure has yet to be heard by the Senate Judiciary Committee.
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