A bill moving through the Texas Legislature threatens to dismantle one of the state’s strongest protections for free speech—just to make it easier for the powerful to weaponize the courts against their critics.

The Texas Citizens Participation Act (TCPA), passed in 2011 with bipartisan support, was designed to protect Texans from Strategic Lawsuits Against Public Participation, or SLAPPs. These are frivolous lawsuits often filed by wealthy individuals or corporations to silence people speaking out on issues of public concern—whether that’s a pro-life activist criticizing Planned Parenthood, a journalist investigating local corruption, or a parent opposing radical curricula in schools.

Now, Senate Bill 336 and its companion House Bill 2459, backed by Texans for Lawsuit Reform (TLR), aim to strip the law of one of its most important safeguards: the automatic stay on legal proceedings while a SLAPP victim appeals a denied motion to dismiss. Without that protection, people targeted by SLAPP suits could be dragged into simultaneous legal battles at both the trial and appellate levels—doubling their legal costs and multiplying the chilling effect on speech.

TLR’s Flip-Flop

TLR built its reputation on tort reform—opposing frivolous lawsuits and streamlining the legal process. But now, the group’s wealthy backers appear to want it both ways. They want to block everyday Texans from suing them, while keeping the ability to bury their critics in costly litigation.

James Bopp, Jr., General Counsel for the National Right to Life Committee, called out the hypocrisy: “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.”

Why the TCPA Matters

The Mohamed v. Center for Security Policy case illustrates the TCPA’s value. When “Clock Boy” Ahmed Mohamed’s family filed defamation suits against conservative commentators, including Ben Shapiro, for discussing a nationally covered news story, the TCPA allowed defendants to seek early dismissal—and recover their legal fees. Without that protection, they could have faced years of litigation for exercising their First Amendment rights.

Texas Right to Life has used the TCPA to defend itself from legal attacks, including a 2021 lawsuit filed by Planned Parenthood over SB 8, the state’s heartbeat law. Mark Lee Dickson, founder of the Sanctuary Cities for the Unborn initiative, also relied on the TCPA after being sued for stating that abortion is murder. His case lasted over two years before being dismissed by the Texas Supreme Court.

ProPublica journalist Charles Ornstein fought a six-year legal battle after being sued by a Texas surgeon. Even though he won, the lawsuit drained resources, drove up insurance costs, and even impacted his ability to get a mortgage. “Even when you win a lawsuit, you can still lose,” Ornstein noted.

A Bipartisan Shield Under Threat

The TCPA has protected voices across the political spectrum. But if SB 336 passes, small-town journalists, local activists, and watchdogs could lose their ability to speak freely without fear of legal reprisal.

“This isn’t about left versus right,” Bopp explained. “It’s about powerful interests trying to silence dissent through legal intimidation. And unless Texans speak up, it’s their rights that will be silenced.”

Groups from the left and right—including pro-life organizations, investigative journalists, and grassroots conservatives—have warned that weakening the TCPA will embolden deep-pocketed plaintiffs to sue critics into submission, knowing most can’t afford to fight a years-long legal war.

Time for Texans to Speak Out

It’s especially galling that TLR supported the TCPA when it was first enacted. Now, under pressure from political donors and corporate allies, the group is working to unravel one of the most effective anti-SLAPP laws in the country.

Texans who believe in free speech and open debate should reject this cynical power grab. Lawmakers should leave the TCPA intact—and send a message that in Texas, the courtroom can’t be used to silence the truth.