H.R. 10783: Speak Your Truth Act

This bill would change federal law so that, in certain defamation or libel lawsuits, a defendant who wins the case would be entitled to recover reasonable attorney’s fees and court costs from the plaintiff.

What cases it covers

The fee-shifting rule would apply to civil defamation or libel cases that are filed in federal court or moved to federal court, as long as the claim is based on a “communication” covered by the bill.

What counts as a covered “communication”

The bill defines this term narrowly. It refers to factual information that a person shares with someone else without malice, and that relates to an incident of:

• sexual assault,
• sexual harassment,
• workplace harassment or discrimination,
• failure to prevent workplace harassment or discrimination,
• helping, encouraging, or pressuring someone into workplace harassment or discrimination,
• retaliation for reporting or opposing workplace harassment or discrimination, or
• harassment, discrimination, or retaliation by the owner of a housing authority.

How the fee rule would work

If the defendant prevails, the plaintiff would have to pay the defendant’s reasonable attorney’s fees and costs. The amount could not exceed the fees and costs tied to the specific claim or position that the defendant won on. A judge could also reduce or deny the fee award if there are exceptional, unusual, and special circumstances that would make paying those fees unfair.

Practical effect

The bill would make it more expensive for plaintiffs to bring or continue certain defamation or libel lawsuits involving statements about sexual assault, harassment, discrimination, or related retaliation claims, because losing defendants could recover their legal expenses.

Relevant Companies

None found.