Furious Florida Republican lawmakers are on the offense against the mainstream media and are seeking to pass a bill that will make it easier for individuals to sue for defamation.
Unfortunately, right-leaning media — including conservative talk shows hosts and a growing number of media outlets based here in Florida, like Newsmax — may bear the brunt of the new law.
The bill, known as HB 991, claims to be aimed at holding leftist media outlets accountable for their lies about Republican politicians.
But the law doesn’t carve out conservatives and Republicans from being the targets of lawsuits, nor should it.
As a former Republican member of Congress, who has had more than my fair share of false stories printed about me, I empathize with the frustration of many conservatives.
However, legislation motivated by anger is rarely a good idea.
The legislation may be well intended, but it isn’t well thought out.
Not only does it pose a threat to free speech in general, it’s also conservative media and talk show hosts who will be the main targets.
Overall, the new bill weakens current Florida law, which protects media and commentators against frivolous lawsuits. Importantly, current law protects everyone equally — conservatives and liberals.
Florida currently subscribes to an anti-SLAPP statute, a law used in many states to hinder parties from bringing nuisance suits (strategic lawsuits against public participation) that seek to restrict free speech and target a free press.
Some 32 states — including many red states like Florida, Texas, Georgia, Tennessee, and Indiana — have adopted anti-SLAPP statutes.
One way anti-SLAPP laws work is that if a judge finds the suit was frivolous and sought to limit the speech rights of a person or media organization, the plaintiff has to pay the defendant reasonable legal costs.
This one provision greatly reduces the number of unnecessary lawsuits. But HB 991 would do away with that protective measure.
Remember, liberal groups have perfected the use of “lawfare” — using the legal system to target conservatives. The Florida bill opens the door wide open for leftists and their sue-happy lawyers to saddle us with crippling legal bills, threatening our ability to provide a counterweight to the liberal propaganda that dominates the airwaves.
The proposed bill also greatly limits who is defined as a “public figure.” That means if a conservative host were to expose a left-wing activist, they could be subject to a defamation suit that will be difficult to defend.
Worse, the mere threat of litigation may very well stifle conservative talk before lawsuits even get filed.
Supporters of the bill say there’s no reason for conservative media to be concerned.
They argue that the legislation doesn’t change the definition of defamation, and point to existing protections in Florida law for broadcasters. But these flimsy assurances won’t protect conservatives.
Consider forum shopping: The bill would also allow plaintiffs to pick and choose in which counties to sue.
This would enable anyone, but especially liberals and their trial-lawyer allies, to weaponize the law itself to target conservative media.
Ask yourself: How well do you think a Newsmax host would fare with left-wing judges and juries in deep blue Broward County?
The bill also reintroduces the “false light” tort that had been thrown out by the Florida Supreme Court in 2008, giving liberals who don’t like how they are portrayed by conservatives a new way to sue, even if it’s not technically “defamation.”
While the liberal media spent years calling Anthony Fauci a hero, conservatives in Florida rightfully called him out for being a power-hungry tyrant. Do we really want to give Fauci the ability to sue us for telling the truth?
Defamation suits can cost millions of dollars to defend. Even if an accused party is totally correct and ultimately prevails in court, legal costs alone can cripple many media companies.
Conservative talk radio, center-right digital organizations, and TV stations have provided Floridians with the largest and most powerful platforms to communicate the state’s accomplishments and push back against the dominant left-wing narrative.
Without these platforms, the liberal media would have a monopoly on discourse in the Sunshine State.
Even if you don’t live in Florida, Newsmax is based here, and if you’re a fan, this bill will have a chilling effect on how and where you get your news and opinion.
Laws that protect all parties — of any political stripe — should be kept when based on constitutional freedoms.
It’s nice to say “we have to go after the liberal media” — but the great likelihood is that conservative media will suffer more from this new bill.
Trey Radel is a former U.S. congressman. He is currently a Florida-based conservative talk radio host and political consultant.
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