(WPDE) — U.S. Rep. Nancy Mace introduced legislation Monday aimed at protecting survivors of sexual assault, harassment and discrimination from defamation lawsuits that could discourage them from speaking out.
The proposed Speak Your Truth Act would require plaintiffs who lose qualifying defamation or libel cases in federal court to pay the defendant’s reasonable attorney fees and legal costs.
According to Mace’s office, the legislation would apply to factual statements made without malice about sexual assault, sexual harassment or discrimination personally experienced by the person making the statements.
The bill would also cover certain claims involving workplace harassment, retaliation for reporting discrimination and housing-related harassment or discrimination.
“Survivors should never have to choose between their voice and their bank account,” Mace said in a statement.
Mace said the legislation is intended to prevent people from using costly lawsuits to discourage survivors from sharing their experiences.
The proposed protections would apply to qualifying lawsuits filed in federal court or transferred there from state court.
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Victoria Burke, a professor at Southwestern Law School and an advocate for protections against retaliatory defamation lawsuits, expressed support for the legislation.
Burke said similar protections have already been enacted in five states with bipartisan support.
“Every survivor deserves the freedom to speak their truth,” Burke said.
The legislation would need congressional approval before becoming law.
