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Delaware Senate Democrats

Sen. Mantzavinos Introduces Bipartisan Legislation to Safeguard Free Speech

March 25, 2025

FOR IMMEDIATE RELEASE | March 25, 2025
Contact: Caroline Klinger (302) 599-9705

DOVER — In an effort to protect Delawareans’ First Amendment rights, Sen. Spiros Mantzavinos introduced Senate Bill 80, clarifying aspects of Delaware Code relating to strategic lawsuits against public participation (SLAPPs).

SLAPPs commonly manifest as defamation, invasion of privacy, and nuisance complaints that weaponize legal action with the intention to limit public participation in the political process. While Delaware has already implemented anti-SLAPP legislation, SB 80 increases protections and expands the types of speech safeguarded under state law.

“First Amendment rights are a fundamental tenet of our democratic system,” said Sen. Mantzavinos. “State government functions at its best when constituents remain informed and engaged, and public participation is encouraged. With the support of members from all four caucuses in the General Assembly, this legislation underscores our ongoing commitment to protecting the personal freedoms of Delaware residents and preserving our democratic processes at this critical moment in history.”

“The right to free expression is a cornerstone of our democracy, and this legislation strengthens protections against abusive lawsuits designed to silence individuals,” said Sen. Brian Pettyjohn. By adopting the Uniform Public Expression Protection Act, we are ensuring that Delawareans can speak out on matters of public concern without fear of costly legal intimidation. This is a critical step in upholding the First Amendment and fostering open, informed dialogue in our state.”

This bill was based on model legislation from the Uniform Law Commission – a non-partisan organization that provides states with legislation to bring clarity and stability to critical areas of state statutory law.

“The most equitable systems are ones that celebrate freedom of speech, not stamp it out,” said Rep. Frank Burns, House Prime Sponsor of SB 80. “Unfortunately, the courts have been used to silence individuals trying to exercise their right to speak up for what they believe in, whether or not they did so in a public space. These frivolous lawsuits can ruin someone’s life, costing them time and money, and even putting them in bankruptcy. All for exercising their first amendment rights. This is unacceptable, and I am proud to help push forward legislation to further protections for the brave individuals who speak up for what they believe in.”

This act has been adopted in 10 states, including New Jersey and Pennsylvania, with ten additional states still pending authorization.

“SLAPPs are a coercive tool used to stifle dissent, restrict open dialogue, and suppress the expression of alternative viewpoints,” stated State Rep. Danny Short. “SLAPPs weaponize our legal system to attack one of our most fundamental freedoms—the right to free speech. Even more troubling, it targets our most vulnerable organizations and citizens, who often lack the resources to fight back in court. This bill seeks to level the playing field, ensure that opposing perspectives are heard, and foster the free exchange of ideas that form the foundation of our society.”

SB 80 has been assigned to the Senate Executive Committee.

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