The First Amendment to the United States Constitution, as well Article I, Section 7 of the Pennsylvania Constitution, both stand for the fundamental principle of free and open debate as vital to the future of our Nation and our Commonwealth.  There’s no doubt, however, that recent attacks on political figures and their families were connected to the hateful rhetoric and incendiary comments used to describe those same political figures.  In that spirit, how do you draw the line between speech that is protected and speech that isn’t?
 
In the near future, I intend to introduce legislation to address that question.  My proposal would add a section to Title 42 entitled “Slander Resulting In Personal Injury.”  If a court determined that a defamatory communication resulted in criminal injury, a prevailing plaintiff would be entitled to damages for physical or mental injury, including death, as well as loss of earnings and property loss.  That prevailing plaintiff would also be entitled to recover attorney fees and court costs.  Further, the statute of limitations for this claim would not begin to run until the date of conviction for the underlying crime.
 
I fully support the constitutional right to free speech.  Defamatory speech, however, is outside the realm of those constitutional protections.  I would encourage all of my colleagues to join me in this endeavor to protect people while, at the same time, protecting speech.    

Please join me in co sponsoring this legislation,

Rep. Jacob Banta, 4th District