111 Iowa L. Rev. 305 (2025)
Abstract
The First Amendment prevents the government from interfering with certain fundamental rights. Of particular importance are the right to speak freely on matters of public concern and the right to petition the government for the redress of grievances. These rights allow Americans to freely discuss issues of public concern without fear of official retaliation. However, a disturbing trend has developed in recent decades. Powerful individuals and organizations have taken advantage of procedural flaws in civil codes to file harassing lawsuits against critics. These suits pressure critics into silence under threat of financial ruin and pose a serious threat to the free speech rights of the average American. To combat these abusive lawsuits, many states have amended their civil codes to close loopholes and provide defendants with procedural vehicles to dispose of these lawsuits while enduring little to no financial harm. Iowa has recently joined the ranks of these states. This Note argues Iowa’s federal courts should allow this new statute to apply in federal court to offer full protection to Iowans and their free speech rights.