House passes 'Speak Your Truth' bill to raise defamation bar for survivors after lengthy debate

The Delaware House on June 18 approved House Bill 3-55, known in sponsor remarks as the Speak Your Truth Act, which sponsors said raises the legal standard required for plaintiffs bringing defamation suits against sexual-assault survivors who disclose their experiences in good faith.

Representative Morrison, the bill’s sponsor, described the change as necessary because current Delaware law and courts’ interpretations of anti-SLAPP protections leave survivors exposed to costly litigation when they speak about assault. "This act encourages survivors to come forward," Morrison said on the floor, and it requires plaintiffs in certain defamation suits to demonstrate malice rather than mere negligence.

Representative Lynn mounted an extended objection referencing New York Times v. Sullivan and argued that changing malice standards risks undermining First Amendment protections and could have broader litigation consequences. Supporters, including members with experience at the National Women’s Law Center and survivor-advocacy groups, countered that the bill preserves legal remedies for knowingly false statements while preventing strategic lawsuits intended to silence victims.

The House adopted House Amendment 1 to adjust damages and fee provisions and took a roll-call vote on the amended bill. The transcript records the final tally as 30 yes, 9 no and 2 absent; the measure passed the House.

Why it matters: Sponsors say the bill addresses a growing trend of defamation lawsuits used to intimidate survivors and deter reporting, while critics warned about constitutional ripple effects. The change alters civil litigation dynamics in cases that involve allegations of sexual assault and related speech.

Next steps: The bill moves forward per legislative procedure; legal practitioners and courts will monitor its interpretation and application.