FOI Oklahoma urges Legislature to let veto in support of free speech stand
Freedom of Information Oklahoma supports Gov. Kevin Stitt’s veto of House Bill 1236 and encourages the Legislature to let the veto stand. While the amended legislation changes only one word in the law, the shift would allow an erosion of the ability for Oklahomans to speak out on important issues.
The Oklahoma Citizen Participation Act is meant to shield people who are expressing themselves from lawsuits intended to deny their constitutionally protected speech under the First Amendment.
A person being sued can seek an expedited hearing in the courts to determine if their speech is constitutionally protected. The lawsuit can be quickly dispatched if what is being said or written is determined to be protected speech. The law currently says the prevailing party in the case “shall” be awarded reasonable attorney fees. Additional sanctions on the party bringing the lawsuit are also possible for trying to restrict First Amendment rights.
The amended law would change “shall” to “may,” making the awarding of attorney fees and other deterrents for this type of lawsuit optional.
“The financial teeth in this law are important to keep corporations and individuals from filing lawsuits that can have a chilling effect on public participation in their communities and in the political process,” said Kurt Gwartney, executive director of FOI Oklahoma. “We’ve had a recent case where a state senator used the law to defend his constitutional right to speak out about a powerful Oklahoma company. The senator was reimbursed $36,000 in attorney fees and awarded an additional $500,000 in sanctions levied against the company.”
“A veto of HB 1236 helps all people defend themselves when expressing their First Amendment rights, whether you’re a senator, a think tank, an online reviewer, kids around a school flagpole, or a media outlet taking on powerful people who have more money and lawyers than you do,” said Mark Thomas, Oklahoma Press Association executive vice president and FOI Oklahoma board member.