State legislators want to curb frivolous legislation that deter free speech, but Assemblyman Andrew Goodell, R-Jamestown, fears the legislation isn’t specific enough to achieve its goals without harmful side effects.

The legislation amends the state Civil Rights Law to provide that court costs and attorneys fees will be awarded if it is shown that a Strategic Lawsuit Against Public Participation was filed without a substantial basis in fact or law. Actions involving public petition and participation include any communication in a place open to the public or a public forum in connection with an issue of public interest or any lawful conduct where someone is exercising their right to free speech with an issue of public interest or their right of petition.

The legislation also specifies that public interest should be broadly construed by the courts. The legislation also mandates a stay of discovery and pending hearings or motions once a motion to dismiss a SLAPP lawsuit has been made.

“For too long, powerful and wealthy interests have used frivolous lawsuits to harass and intimidate critics by burdening them with exorbitant legal fees and time consuming legal processes. That ends now,” Cuomo said. “I am proud to sign this legislation, which protects New Yorkers’ fundamental right to free speech without fear of harassment or bullying by those who happen to have more money than they do.”

The legislation passed the state Assembly 116-26 in July and the state Senate 57-3. State Sen. George Borrello, R-Sunset Bay, voted in favor of the bill in the state Senate while Assemblymen Andrew Goodell, R-Jamestown, and Joe Giglio, R-Gowanda, voted against.

Goodell said on the Assembly floor that his concerns with the legislation stemmed not from the legislation’s intent but from the lack of specificity in the awarding of costs and fees. Other court costs and attorneys fees awarded by courts are tightly regulated, and Goodell said they should be similarly defined when it comes to SLAPP lawsuits.

“On civil lawsuits, if you bring an action for personal injury or something like that the amount that can be collected by attorneys is very tightly regulated by the Appellate Division,” Goodell said. “There’s very specific restrictions and limitations. If you’re representing an estate as the estate attorney you can be awarded attorney’s fees, again, all carefully regulated. This requires — doesn’t simply allow, but requires — the payment of costs and attorney’s fees without restriction. For that reason, I and many of my colleagues will not be voting in support of this legislation.”

Supporters of the anti-SLAPP lawsuit legislation said prior legal protections were too narrow to ensure the utmost protection for the free exercise of speech, petition and association rights, mostly centering on the awarding of costs and legal fees.

“For too long, New York’s weak anti-SLAPP law has allowed those in the public eye to use frivolous lawsuits to punish critics, silence journalists and whistleblowers, and stifle opinions protected by the First Amendment,” said Justin Harrison, New York Civil Liberties Union policy counsel. “With this law in place, academics, writers, publishers, artists, critics, and commentators who speak truth to power won’t be silenced by expensive litigation. This now puts New York in line with nearly 30 other states who have updated their free speech protections for the modern era. The NYCLU applauds the signing of this important bill, and all the leaders in Albany who worked to protect our right to public debate.”