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Bill would expand anti‑SLAPP protections to survivors, supporters urge favorable vote
Summary
House Bill 355 (Speak Your Truth Act) would extend anti‑SLAPP protections to survivors of assault and harassment by requiring plaintiffs to show malice and allowing courts to award fees and damages; national advocates and a law professor urged the committee to vote favorably.
Sponsors described House Bill 355 (the Speak Your Truth Act) as an amendment to Delaware's anti‑SLAPP protections to include survivors of assault, harassment, and discrimination who currently lack protections because courts sometimes treat those matters as private. The bill would require a higher standard for plaintiffs in defamation suits — proof of malice rather than negligence — and would permit prevailing parties to recover attorney's fees, actual damages, and punitive damages, while an amendment leaves the remedy discretionary.
Emma Davidson Triggs, founding director of the National Women's Defense League, testified virtually in support, saying survivors face traumatic, costly defamation suits that chill speech and that HB 355 would protect people who speak in good faith about their experiences. Victoria Burke (identified as a professor and national advocate for the protections) also urged a favorable report and said passage would make Delaware the fifth state to adopt the protections.
Committee members did not record a vote at the hearing.
