BOISE, Idaho — The Idaho Senate Judiciary and Rules Committee offered a do-pass recommendation to Senate Bill 1325 (S1325) to create a new chapter of Idaho Law allowing defendants of weak lawsuits to dismiss the case before costly legal fees.
SLAPP lawsuits most commonly accuse the defendant of defamation, libel or slander in order to stop future speech and action. Sen. Brian Lenney (R-Nampa) pitched the legislation after consulting multiple organizations and legal experts, he said in committee.
The Uniform Law Commission, based in Chicago, wrote the bill template; it has been used in multiple other states. Idaho is currently one 18 without SLAPP protections.
SLAPP lawsuits gained traction in Idaho politics after a years-long online feud between former Idaho Freedom Foundation Vice President Dustin Hurst and political activist and consultant Greg Graf ended in a stalemate. Both sides accuse the other of filing a SLAPP lawsuit to intimidate and censor speech.
Former state lawmaker Chad Christensen filed a lawsuit against Graf; Graf filed counterclaim against Christensen, Idaho Second Amendment Alliance Founder Greg Pruett, and Hurst. Both sides alleged defamation.
Neither had success.
"The case was tossed out because the plaintiff was ruled a public figure and defamation was nearly impossible to prove," Hurst said in testimony. "And there may be political actors who think that I should face these kinds of lawsuits or penalties for things I've said or tweeted. But I'm one of many without these protections in place, anyone can face these types of lawsuits and be forced to carry significant financial burdens because of massive legal bills."
Pruett also offered testimony in support of the legislation. Pruett spent $20,000 in legal fees.
"I didn't use any of my organization's money to defend myself. I did it out of pocket, and I had friends, family, anybody that could try to help," Pruett said. "There's lots of stress that you can't possibly imagine in a lawsuit like this."
Greg Graf also testified in support of anti-SLAPP legislation; however, he was concerned about this specific bill's language for not allowing a sufficient appeal process. Lawyers in testimony, and committee chairman Sen. Todd Lakey (R-Nampa), either confirmed the bill grants sufficient appeals or openly disagreed with Graf.
Graf paid $100,000 in legal fees. He denied his lawsuit filed against Hurst, Pruett, and other parties was SLAPP.
Some lawmakers were concerned this bill could grant wide protections to aggravators and empower poor behavior.
"Mr. Hurst," Sen. Doug Ricks (R-Rexburg) said. "You tend to go after candidates or figures who don't believe in the same philosophies that you have. So, given that with a particular law like this, would this particular bill allow you to do more of that and provide more protection?"
"Absolutely not," Hurst said. "I'm still held to the same standard because this changes nothing policy wise. It just says, 'If somebody who doesn't like me, sues me just because they want me to shut up or stop tweeting, then that that lawsuit can be dismissed early in the process rather than late.'"
The bill now moves to the senate floor.
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