Last week, Congressman Jamie Raskin (D-MD), Congressman Kevin Kiley (R-CA), and Senator Ron Wyden (D-OR) introduced the Free Speech Protection Act, a bipartisan bill to protect the right of citizens, journalists, and activists from frivolous lawsuits designed to chill public debate and political action.
“Goliath triumphs over David in our justice system when powerful special interests can silence their critics with frivolous strategic lawsuits against public participation, or ‘SLAPPs,’” said Rep. Raskin, who introduced similar anti-SLAPP legislation in the 117th Congress.
Greenpeace USA is no stranger to SLAPP lawsuits, which are characterized as meritless lawsuits intended to bankrupt, silence, or even shut down critics. Currently, Energy Transfer is taking Greenpeace USA and Greenpeace International to court for $300 million – an amount that could spell the end of Greenpeace in the U.S. In that case, Energy Transfer alleges that Greenpeace organized the 2016-2017 Standing Rock resistance to the Dakota Access Pipeline – a false claim that attempts to abuse the legal system to silence dissenting views.
This model – most often brought by powerful interests, including the oil and gas industry – has been used to go after other Greenpeace offices around the world, including Greenpeace UK and Greenpeace Italy. And the crackdown extends beyond the environmental movement, with these bullying legal tactics being used to threaten journalists, activists, Indigenous water protectors, and Black Lives Matter activists.
As SLAPPs are a growing threat in the U.S., most states have put legal protections in place, often on a strong bipartisan basis, to protect advocates. But in North Dakota – where our case goes to trial in February 2025 – and in 17 other U.S. states, no anti-SLAPP statutes exist.
In addition to advocating for all states to have anti-SLAPP statutes, federal protections are urgently needed – especially because state laws often don’t apply in federal courts. This legislation would help to close a critical gap in defending Americans’ First Amendment rights, and ensure that defendants can quickly end meritless lawsuits in federal court while recovering their legal costs. It also aligns with efforts across the world, such as the Anti-SLAPP Directive recently adopted by the European Union.
The right to speak out against harm is fundamental to all citizens – and we must ensure that people across the political spectrum can have a voice in decisions that affect their lives and communities, without fear of retaliation. This same type of corporate intimidation that Greenpeace is facing could next be used against another organization or issue – and would contribute to a pattern of weaponizing the court system to curb free speech, rather than for justice.
The Free Speech Protection Act is a critical tool for fighting back – one that the next Congress should move quickly to pass.
