Kansas bill would protect public comments from civil lawsuits

? Kansans would have more protection from civil lawsuits over public comments they make about public issues under a bill being considered in the Kansas House.

The House Judiciary Committee heard testimony Thursday on the “Public Speech Protection Act,” a proposal that would require anyone filing a civil action based on someone else’s public comments to first verify in writing and under oath that the claim is based on fact, that it is being filed in good faith, and that it is not intended to suppress anyone’s constitutional right of free speech.

Rep. Jan Pauls, R-Hutchinson, said the bill targets what are sometimes called “SLAPP” — strategic lawsuit against public participation — suits, which she described as “strategic lawsuits against public participation.”

In some cases, she said, attorneys representing clients with particular interests in public policy will merely threaten to file suits if people speak out on those issues in ways that could damage their clients.

Kansas University law professor Mike Kautsch also testified in favor of the bill. He recommended the language be broadened to include speech about private businesses or other activities not involving governmental policy.

“The truth is that many of the cases around the country don’t involve a government agency,” Kautsch said.

The Kansas Press Association also testified in favor of the bill.

Rep. John Barker, R-Abilene, said the committee could vote to send the bill to the full House as early as next week.