A lawyer and a lawmaker were named the 2024 Advocates of the Year Award for the Pennsylvania News Media Association today. The group often advocates for free speech and government transparency, and annually recognizes individuals who put those ideals into action.

Rep. Ryan Bizzarro (D-Erie) and Michael Berry, a media lawyer with Ballahrd Spahr law offices, received the awards; a first for the Association to acknowledge two people for the award in a year rather than one.

“I couldn’t be more happy and more honored,” Bizzarro said.

A brief ceremony was held in Harrisburg today to give the awards and recognition. The cause for a double award ties to how both men were critical in passing the commonwealth's new Anti-SLAPP law.

“Now Pennsylvanians can speak more freely, and have the protection of the Anti-SLAPP law.”

Free speech is protected in the First Amendment of the United States’ Bill of Rights. However, there are ways to silence voices. For example, in the United States, you can file a civil lawsuit against another person or organization if they publicize lies about you that damages your reputation (for example; a private citizen who is misrepresented in a national news story may struggle to find a job. They could have grounds to sue).

Sometimes though, well funded people and groups will sue their truth telling critics—to bury them with legal debt with the goal of limiting their ability to speak out going forward. For example, a small newspaper investigating the local branch of a national corporation might find themselves getting sued for every article they write.  These are called SLAPP lawsuits: Strategic Lawsuits Against Public Participation.

“These lawsuits were used as sort of retaliatory efforts against groups who didn't have a lot of money initially to withstand these lawsuits,” Bizzarro said.

“It could be a reporter, it could be someone who writes a letter to the editor. It could be protestors,” Berry said, “Anyone can be targeted by SLAPP lawsuits."

In July of 2024, Pennsylvania passed an Anti-SLAPP law (Act 72 of 2024). Now, if defendants in the state prove a lawsuit is frivolous, they can get reimbursed for their legal fees and a judge can dismiss the case earlier than normal.

"First amendment rights are crucial rights. They are one of our founding rights. And in these times of uncertainty, we can do everything we can, particularly at the state level, to ensure that those rights are preserved,” Bizzarro said.

At least 35 states have Anti-SLAPP laws. Berry says organizations sometimes exploit loopholes to file these lawsuits in states without Anti-SLAPP protections.

“One of the benefits of Pennsylvania adopting Anti-SLAPP law is ensuring that people don't come here for what people call libel tourism,” Berry said.