Legislation to quickly end lawsuits attacking free speech, press heads to governor’s desk

by Robin Opsahl, Iowa Capital Dispatch
April 24, 2025

Courts could more quickly resolve lawsuits meant to silence critics or media outlets under legislation that went to the governor’s desk Thursday after years of being stalled in the Legislature.

Douglas Burns, former co-owner of an Iowa newspaper that was nearly bankrupted by such a lawsuit celebrated the bill’s passage.

“This is a big day for Iowa, it’s a big day for democracy, it’s a big day for community newspapers,” Burns said in an interview. “And most of all, it’s a big day for the truth.”

House File 472 deals with “strategic lawsuits against public participation,” or SLAPP lawsuits, a term referring to civil lawsuits filed by organizations, businesses or individuals against news organizations or activists because they have published articles or made statements about a topic the plaintiff does not want them to publicize. The entities filing these lawsuits do not necessarily expect to win in court, but aim to stop individuals or groups from continuing to report or talk about the topic by engaging them in a legal battle that costs them significant time and money.

The issue came to Iowa lawmakers’ attention when a Carroll police officer sued the Carroll Times Herald in 2018 for reporting that he had sexual relationships with teenagers, which the officer had confirmed was true. The judge dismissed the lawsuit, but the legal fees, totaling more than $100,000, nearly caused the paper to go out of business.

The bill seeks to prevent similar situations by allowing courts to grant expedited relief in cases involving First Amendment rights, including freedoms of speech and press.

As of January 2025, 35 states and the District of Columbia have similar anti-SLAPP laws in place. Rep. Steve Holt, R-Denison, has been the main proponent of Iowa joining these states. During floor debate on the bill Thursday, he said he began having conversations about anti-SLAPP legislation in 2018.

“This is the fourth or fifth time we’ve passed anti-SLAPP legislation,” Holt said. “… We passed this numerous times, never advanced in the Senate. This year, it did advance in the Senate.”

The measure came back to the House with an amendment removing the ability to grant expedited relief for a “cause of action asserted in a civil action.” The amendment striking this provision would mean anti-SLAPP protections cannot be applied retroactively, a situation Holt said rarely occurs.

“This amendment really does nothing in terms of the fact that were this to be signed into law, it will be on the books going forward, which will be … a tremendous victory in trying to protect our small town newspapers and media outlets from being put out of business,” Holt said.

The amendment was approved unanimously, and goes to Gov. Kim Reynolds for final approval.

Holt said he corresponded with Burns, the former co-owner of the Carroll Times Herald, who he said “spent $140,000 defending himself in court after telling the truth and basically lost his newspaper as a result,” about the bill earlier Thursday.

Speaking with the Iowa Capital Dispatch, Burns said the bill’s passage “proves that the ashes of a business can be the foundation for something durable and meaningful in Iowa.”

He thanked Holt for his “tenacity and determination” in advocating for the bill for years in the Legislature, and praised the bill’s passage with bipartisan support.

“It just shows that sometimes the truth can be apparent to all, and the truth can prevail,” Burns said. “With this legislation in place, assuming the governor will sign it, it should secure more truthful outcomes to a variety of stories and scenarios in our state for generations.”

Note: Douglas Burns is a guest columnist for Iowa Capital Dispatch.

Iowa Capital Dispatch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Iowa Capital Dispatch maintains editorial independence. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com.