Gov. Matt Meyer signed two bills aimed at lawsuits seeking to limit protests and criticism while protecting libraries from book banning efforts seen in other states.
“Freedom of expression and access to diverse ideas are the bedrock of a strong democracy,” said Meyer. “These bills protect Delawareans’ voices — whether it’s standing up to powerful interests or ensuring our libraries remain places where every child can explore, learn, and see themselves reflected in the stories they read. These laws will help us raise a generation of critical thinkers and empathetic leaders, because our communities are stronger when we engage with ideas, not erase them.”
Senate Bill 80, sponsored by Sen. Spiros Mantzavinos and Rep. Frank Burns, adopts the Uniform Public Expression Protection Act (UPEPA) to strengthen protections against SLAPP lawsuits.
SLAPP suits have been filed by businesses and organizations seeking approval for real estate developments, pipelines, homeowner association disputes and other matters. The suits have also shown up in financial and domestic disputes among individuals.
SLAPP, Strategic lawsuits against public participation often appear as defamation, privacy, or nuisance claims.
SLAPP suits can also be aimed at media coverage of disputes or other proceedings.
The model law, written by the Uniform Law Commission, replaces Delaware’s previous anti-SLAPP law, which the Institute for Free Speech rated a ‘D-’ for its lack of protections. The UPEPA model has been adopted in 13 other states and is pending in several more.
Delaware's previous law was generally limited to disputes related to land use.
Democrats in Delaware and other states have pushed for changes, especially after a North Dakota jury awarding a pipeline company a $660 million judgment against the Greenpeace environmental group over protests it claimed were violent. Greenpeace, which denied the allegations, filed a countersuit in Europe.
“State government is only effective when constituents remain informed, engaged, and are able to participate in the political process,” said Mantzavinos, D-Milltown. “By combatting SLAPPs, we are continuing to protect the First Amendment rights of all Delawareans and preserving the democratic process during this critical time in our nation’s history when we need it the most.”
House Bill 119, sponsored by Rep. Krista Griffith and Sen. Elizabeth “Tizzy” Lockman, ensures that books and resources cannot be removed or banned from public and school libraries based on the author’s background or because of partisan, ideological, or religious objections. The bill also sets up a process for reviewing complaints about library materials, keeping items under review available until that review is complete.
It comes after other states, notably Florida, adopted laws that led to books such as "The Diary of Anne Frank being taken off school library shelves.
Many, but not all, Delaware House and Senate Republicans voted against the bill, claiming that it gave parents too little input on available books.
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