ACLU-PA Reaches Settlement With Upper Pottsgrove Township Over Meritless “SLAPP” Lawsuit

MONTGOMERY COUNTY, Penn. – The American Civil Liberties Union of Pennsylvania and Kate Harper of the law firm of Timoney Knox, LLP have reached a settlement with Upper Pottsgrove Township regarding a meritless Strategic Lawsuit Against Public Participation (SLAPP) the township brought against a resident who used public records requests to advocate against attempts to develop permanently protected land.

Upper Pottsgrove Township resident Matthew Murray filed public records requests, under Pennsylvania’s Right-to-Know Law, to obtain records regarding the township’s development of permanently protected, public land. Mr. Murray then used those records in his advocacy and eventual litigation against the township. The lawsuit alleged that the township and its commissioners were violating the Pennsylvania Open Space Act through their efforts to develop the land. Mr. Murray used contracts, ordinances, checks, and other information he received through his Right-to-Know requests to prove his case at trial.

After Mr. Murray won his case, the township counter-sued Mr. Murray, seeking an injunction forbidding Mr. Murray from filing any further Right-to-Know requests. On June 2, 2025, the Court of Common Pleas of Montgomery County dismissed the township’s case, holding that the township had no legal basis to sue for an injunction to prevent Mr. Murray from engaging in constitutionally protected public expression. Mr. Murray then brought a lawsuit under Pennsylvania’s new law, which allows individuals subject to meritless lawsuits filed in retaliation for their expression to seek attorneys’ fees for the costs of their defense.

"When the government comes after you because it doesn't like something you've said or done, it can be very intimidating," said Mr. Murray. "I am grateful for my attorneys who fought back against the officials in Upper Pottsgrove who thought they could scare me into silence. This experience has only led me to redouble my advocacy efforts to defend both protected lands and protected speech all while holding elected officials accountable to voters and to the law."

The Pennsylvania legislature passed comprehensive anti-SLAPP legislation in 2024.

“This kind of case is precisely why the ACLU of Pennsylvania fought for years to secure meaningful anti-SLAPP legislation. It’s critical that we prevent governments and other powerful entities from weaponizing our courts to silence critics,” said Ari Shapell, staff attorney at the ACLU of Pennsylvania. “In an era when our First Amendment right to dissent and criticize the government is under constant attack, the ACLU of Pennsylvania will take every opportunity to vigorously defend the constitutional right to speak freely.”

As part of the settlement, the township has agreed to cover Mr. Murray’s legal fees and ensure that future township managers go through formal training to understand Pennsylvania’s Right-to-Know law.

You can read the full lawsuit at https://www.aclupa.org/cases/murray-v-upper-pottsgrove-township

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