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Anti-SLAPP statutes: state summary
This research package presents information on state laws designed to protect
victims of Strategic Lawsuits Against Public Participation, or “SLAPPs.”
Updated July 2006
24 states have anti-SLAPP statutes:
1 territory has an anti-SLAPP statute:
|
Jurisdiction |
Statutory
Language |
| Arkansas |
TITLE 16. PRACTICE, PROCEDURE, AND COURTS
SUBTITLE 5. CIVIL
PROCEDURE GENERALLY
CHAPTER 63. PLEADINGS AND PRETRIAL
PROCEEDINGS
SUBCHAPTER 5. CITIZEN PARTICIPATION IN GOVERNMENT ACT
A.C.A. §
16-63-504 (2006)
§ 16-63-504. Immunity from suit
Any person making a privileged communication or performing an act in
furtherance of the right of free speech or the right to petition government for
a redress of grievances under the United States Constitution or the Arkansas
Constitution in connection with an issue of public interest or concern shall be
immune from civil liability, unless a statement or report was made with
knowledge that it was false or with reckless disregard of whether it was
false. Back to top
|
| California |
CODE OF CIVIL PROCEDURE
PART 2. Civil Actions
TITLE 6.
Pleadings in Civil Actions
CHAPTER 2. Pleadings Demanding Relief
ARTICLE
1. General Provisions
Cal Code Civ Proc § 425.16 (2004)
§ 425.16. Legislative findings; Special motion to strike action arising from
"act in furtherance of person's right of petition or free speech under United
States or California Constitution in connection with a public issue"
(a) The Legislature finds and declares that there has been
a disturbing increase in lawsuits brought primarily to chill the valid exercise
of the constitutional rights of freedom of speech and petition for the redress
of grievances. The Legislature finds and declares that it is in the public
interest to encourage continued participation in matters of public significance,
and that this participation should not be chilled through abuse of the judicial
process. To this end, this section shall be construed broadly.
(b)(1) A cause of action against a person arising from any
act of that person in furtherance of the person's right of petition or free
speech under the United States or California Constitution in connection with a
public issue shall be subject to a special motion to strike, unless the court
determines that the plaintiff has established that there is a probability that
the plaintiff will prevail on the claim. Back to top
|
| Delaware |
TITLE 10. COURTS AND JUDICIAL PROCEDURE
PART V. LIMITATION
OF ACTIONS
CHAPTER 81. PERSONAL ACTIONS
10 Del. C. § 8136 (2004)
§ 8136. Actions involving public petition and participation
(a) For purposes of this section, the
following terms shall have the meaning ascribed herein:
(1) An "action involving public petition and participation" is
an action, claim, cross-claim or counterclaim for damages that is brought by a
public applicant or permittee, and is materially related to any efforts of the
defendant to report on, rule on, challenge or oppose such application or
permission.
(b) In an action involving public petition and
participation, damages may only be recovered if the plaintiff, in addition to
all other necessary elements, shall have established by clear and convincing
evidence that any communication which gives rise to the action was made with
knowledge of its falsity or with reckless disregard of whether it was false,
where the truth or falsity of such communication is material to the cause of
action at issue. Back to
top
|
| Florida |
TITLE 45. TORTS
CHAPTER 768. NEGLIGENCE
PART I.
GENERAL PROVISIONS
Fla. Stat. § 768.295 (2004)
§ 768.295. Strategic Lawsuits Against Public Participation
(SLAPP) suits by governmental entities prohibited
(1) This section may be cited as the "Citizen Participation in
Government Act."
(2) It is the intent of the Legislature to protect the right
of Florida's citizens to exercise their rights to peacefully assemble, instruct
their representatives, and petition for redress of grievances before the various
governmental entities of this state as protected by the First Amendment to the
United States Constitution and s. 5, Art. I of the State Constitution. The
Legislature recognizes that "Strategic Lawsuits Against Public Participation" or
"SLAPP" suits, as they are typically called, have increased over the last 30
years and are mostly filed by private industry and individuals. However, it is
the public policy of this state that government entities not engage in SLAPP
suits because such actions are inconsistent with the right of individuals to
participate in the state's institutions of government. Therefore, the
Legislature finds and declares that prohibiting such lawsuits by governmental
entities will preserve this fundamental state policy, preserve the
constitutional rights of Florida citizens, and assure the continuation of
representative government in this state. It is the intent of the Legislature
that such lawsuits be expeditiously disposed of by the courts. Back to top
|
| Georgia |
TITLE 9. CIVIL PRACTICE
CHAPTER 11. CIVIL PRACTICE ACT
ARTICLE 3. PLEADINGS AND MOTIONS
O.C.G.A. § 9-11-11.1 (2002)
§ 9-11-11.1. Exercise of rights of freedom of speech and right
to petition government for redress of grievances; legislative findings;
verification of claims; definitions; procedure on motions; exception; attorney's
fees and expenses
(a) The General Assembly of Georgia finds and
declares that it is in the public interest to encourage participation by the
citizens of Georgia in matters of public significance through the exercise of
their constitutional rights of freedom of speech and the right to petition
government for redress of grievances. The General Assembly of Georgia further
finds and declares that the valid exercise of the constitutional rights of
freedom of speech and the right to petition government for a redress of
grievances should not be chilled through abuse of the judicial process.
(b) For any claim asserted against a person
or entity arising from an act by that person or entity which could reasonably be
construed as an act in furtherance of the right of free speech or the right to
petition government for a redress of grievances under the Constitution of the
United States or the Constitution of the State of Georgia in connection with an
issue of public interest or concern, both the party asserting the claim and the
party's attorney of record, if any, shall be required to file, contemporaneously
with the pleading containing the claim, a written verification under oath as set
forth in Code Section 9-10-113. Such written verification shall certify that the
party and his or her attorney of record, if any, have read the claim; that to
the best of their knowledge, information, and belief formed after reasonable
inquiry it is well grounded in fact and is warranted by existing law or a good
faith argument for the extension, modification, or reversal of existing law;
that the act forming the basis for the claim is not a privileged communication
under paragraph (4) of Code Section 51-5-7; and that the claim is not interposed
for any improper purpose such as to suppress a person's or entity's right of
free speech or right to petition government, or to harass, or to cause
unnecessary delay or needless increase in the cost of litigation. If the claim
is not verified as required by this subsection, it shall be stricken unless it
is verified within ten days after the omission is called to the attention of the
party asserting the claim. If a claim is verified in violation of this Code
section, the court, upon motion or upon its own initiative, shall impose upon
the persons who signed the verification, a represented party, or both an
appropriate sanction which may include dismissal of the claim and an order to
pay to the other party or parties the amount of the reasonable expenses incurred
because of the filing of the pleading, including a reasonable attorney's fee.
Back to top
|
| Hawaii |
DIVISION 4. COURTS AND JUDICIAL PROCEEDINGS
TITLE 34.
PLEADINGS AND PROCEDURE
[CHAPTER 634F]. CITIZEN PARTICIPATION IN GOVERNMENT
ACT
HRS § 634F-1 (2003)
[§ 634F-1]. Definitions
As used in this chapter, unless the context otherwise
requires:
"Lacks substantial justification" means substantially frivolous,
substantially groundless, or substantially vexatious.
"Public participation" means any oral or written testimony
submitted or provided to a governmental body during the course of a governmental
proceeding.
"SLAPP" means a strategic lawsuit against public participation
and refers to a lawsuit that lacks substantial justification or is interposed
for delay or harassment and that is solely based on the party's public
participation before a governmental body.
[§ 634F-2]. Required procedures; motion
Notwithstanding any law to the contrary, including rules of
court, upon the filing of any motion to dispose of a claim in a judicial
proceeding on the grounds that the claim is based on, relates to, or involves
public participation and is a SLAPP lawsuit:
(1) The motion shall be treated as a motion
for judgment on the pleadings, matters outside the pleadings shall be excluded
by the court, and the court shall expedite the hearing of the motion;
(2) The moving party shall have a right:
(A) To an immediate appeal from a court order
denying the motion; and
(B) To file an application for a writ of
mandamus if the court fails to rule on the motion in an expedited
fashion; Back to
top
|
| Indiana |
TITLE 34. CIVIL LAW AND PROCEDURE
ARTICLE 7. GENERAL
PROVISIONS
CHAPTER 7. DEFENSE IN CIVIL ACTIONS AGAINST PERSONS WHO ACT IN
FURTHERANCE OF THE PERSON'S RIGHT OF PETITION OR FREE SPEECH UNDER THE
CONSTITUTION OF THE UNITED STATES OR THE CONSTITUTION OF THE STATE OF INDIANA IN
CONNECTION WITH A PUBLIC ISSUE
Burns Ind. Code Ann. § 34-7-7-1 (2004)
§ 34-7-7-1. Applicability
(a) This chapter applies to an act in
furtherance of a person's right of petition or free speech under the
Constitution of the United States or the Constitution of the State of Indiana in
connection with a public issue or an issue of public interest that arises after
June 30, 1998. This chapter does not apply to an action that was filed and is
pending before July 1, 1998.
34-7-7-2. "Act in furtherance of a person's right of petition or
free speech" defined
As used in this chapter, "act in furtherance of a person's
right of petition or free speech under the Constitution of the United States or
the Constitution of the State of Indiana in connection with a public issue"
includes any conduct in furtherance of the exercise of the constitutional right
of:
(1) petition; or
(2) free speech;
in connection with a public issue or an issue of public
interest. Back to
top
|
| Lousiana |
LOUISIANA CODE OF CIVIL PROCEDURE
BOOK II. ORDINARY
PROCEEDINGS
TITLE I. PLEADING
CHAPTER 4. WRITTEN MOTIONS
La. C.C.P. Art. 971 (2004)
Art. 971 Special motion to strike
A. (1) A cause of action against a person
arising from any act of that person in furtherance of the person's right of
petition or free speech under the United States or Louisiana Constitution in
connection with a public issue shall be subject to a special motion to strike,
unless the court determines that the plaintiff has established a probability of
success on the claim. Back to
top
|
| Maine |
TITLE 14. COURT PROCEDURE--CIVIL
PART 2. PROCEEDINGS
BEFORE TRIAL
CHAPTER 203. PROCESS
SUBCHAPTER I. GENERAL PROVISIONS
14 M.R.S. § 556 (2003)
§ 556. Special motion to dismiss
When a moving party asserts that the civil claims,
counterclaims or cross claims against the moving party are based on the moving
party's exercise of the moving party's right of petition under the Constitution
of the United States or the Constitution of Maine, the moving party may bring a
special motion to dismiss. The court shall advance the special motion so that it
may be heard and determined with as little delay as possible. The court shall
grant the special motion, unless the party against whom the special motion is
made shows that the moving party's exercise of its right of petition was devoid
of any reasonable factual support or any arguable basis in law and that the
moving party's acts caused actual injury to the responding party. In making its
determination, the court shall consider the pleading and supporting and opposing
affidavits stating the facts upon which the liability or defense is based.
Back to top
|
| Maryland |
COURTS AND JUDICIAL PROCEEDINGS
TITLE 5. LIMITATIONS,
PROHIBITED ACTIONS, AND IMMUNITIES
SUBTITLE 8. IMMUNITIES AND PROHIBITED
ACTIONS -- MISCELLANEOUS Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 5-807
(2006).
§ 5-807. SLAPP suits
(a) SLAPP suit, defined. -- In this section, "SLAPP suit" means a strategic
lawsuit against public participation.
(b) Nature. -- A lawsuit is a SLAPP suit if it is:
(1) Brought in bad faith against a party who has communicated with a federal,
State, or local government body or the public at large to report on, comment on,
rule on, challenge, oppose, or in any other way exercise rights under the First
Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of
the Maryland Declaration of Rights regarding any matter within the authority of
a government body;
(2) Materially related to the defendant's communication; and
(3) Intended to inhibit the exercise of rights under the First Amendment of
the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland
Declaration of Rights.
(c) Scope of immunity. -- A defendant in a SLAPP suit is not civilly liable
for communicating with a federal, State, or local government body or the public
at large, if the defendant, without constitutional malice, reports on, comments
on, rules on, challenges, opposes, or in any other way exercises rights under
the First Amendment of the U.S. Constitution or Article 10, Article 13, or
Article 40 of the Maryland Declaration of Rights regarding any matter within the
authority of a government body.
(d) Remedies of defendant. -- A defendant in an alleged SLAPP suit may move
to:
(1) Dismiss the alleged SLAPP suit, in which case the court shall hold a
hearing on the motion to dismiss as soon as practicable; or
(2) Stay all court proceedings until the matter about which the defendant
communicated to the government body or the public at large is resolved.
(e) Applicability. -- This section:
(1) Is applicable to SLAPP suits notwithstanding any other law or rule;
and
(2) Does not diminish any equitable or legal right or remedy otherwise
available to a defendant in a SLAPP suit. Back to top
|
| Massachusetts |
PART III. COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL
CASES
TITLE II. ACTIONS AND PROCEEDINGS THEREIN
CHAPTER 231. PLEADING
AND PRACTICE
ADVANCING CAUSES FOR SPEEDY TRIAL
SPEEDY TRIAL OF CERTAIN
ACTIONS UNDER THE ELECTION LAWS
§ 59H. Special Motion to Dismiss Claim Based on Exercise of
Constitutional Right of Petition; Stay of Discovery Pending Determination; Time
for Filing Motion; Definition of Right.
In any case in which a party asserts that the civil claims,
counterclaims, or cross claims against said party are based on said party's
exercise of its right of petition under the constitution of the United States or
of the commonwealth, said party may bring a special motion to dismiss. The court
shall advance any such special motion so that it may be heard and determined as
expeditiously as possible. The court shall grant such special motion, unless the
party against whom such special motion is made shows that: (1) the moving
party's exercise of its right to petition was devoid of any reasonable factual
support or any arguable basis in law and (2) the moving party's acts caused
actual injury to the responding party. In making its determination, the court
shall consider the pleadings and supporting and opposing affidavits stating the
facts upon which the liability or defense is based. Back to top
|
| Minnesota |
Declaratory, Corrective and Administrative Remedies
CHAPTER 554 FREE SPEECH; PARTICIPATION IN GOVERNMENT
Minn. Stat. § 554.02 (2003)
554.02 Protection of citizens to participate in government
Subdivision 1. Applicability. This section applies to any
motion in a judicial proceeding to dispose of a judicial claim on the grounds
that the claim materially relates to an act of the moving party that involves
public participation. Back to
top
|
| Missouri |
TITLE 36. STATUTORY ACTIONS AND TORTS (Chs.
521-538)
CHAPTER 537. TORTS AND ACTIONS FOR DAMAGES
LANDOWNER'S LIABILITY
FOR RECREATIONAL USE OF LAND § 537.528, RSMo (2006).
§ 537.528. Actions for damages for conduct or speech at public hearings and
meetings to be considered on expedited basis -- procedural issues
1. Any action seeking money damages against a person for conduct or speech
undertaken or made in connection with a public hearing or public meeting, in a
quasi-judicial proceeding before a tribunal or decision-making body of the state
or any political subdivision of the state is subject to a special motion to
dismiss, motion for judgment on the pleadings, or motion for summary judgment
that shall be considered by the court on a priority or expedited basis to ensure
the early consideration of the issues raised by the motion and to prevent the
unnecessary expense of litigation. Upon the filing of any special motion
described in this subsection, all discovery shall be suspended pending a
decision on the motion by the court and the exhaustion of all appeals regarding
the special motion.
2. If the rights afforded by this section are raised as an affirmative
defense and if a court grants a motion to dismiss, a motion for judgment on the
pleadings or a motion for summary judgment filed within ninety days of the
filing of the moving party's answer, the court shall award reasonable attorney
fees and costs incurred by the moving party in defending the action. If the
court finds that a special motion to dismiss or motion for summary judgment is
frivolous or solely intended to cause unnecessary delay, the court shall award
costs and reasonable attorney fees to the party prevailing on the motion.
3. Any party shall have the right to an expedited appeal from a trial court
order on the special motions described in subsection 2 of this section or from a
trial court's failure to rule on the motion on an expedited basis.
4. As used in this section, a "public meeting in a quasi-judicial proceeding"
means and includes any meeting established and held by a state or local
governmental entity, including without limitations meetings or presentations
before state, county, city, town or village councils, planning commissions,
review boards or commissions.
5. Nothing in this section limits or prohibits the exercise of a right or
remedy of a party granted pursuant to another constitutional, statutory, common
law or administrative provision, including civil actions for defamation.
6. If any provision of this section or the application of any provision of
this section to a person or circumstance is held invalid, the invalidity shall
not affect other provisions or applications of this section that can be given
effect without the invalid provision or application, and to this end the
provisions of this section are severable.
7. The provisions of this section shall apply to all causes of
actions. Back to
top
|
| Nebraska |
CHAPTER 25. COURTS; CIVIL PROCEDURE
ARTICLE 21. ACTIONS
AND PROCEEDINGS IN PARTICULAR CASES
(bb) PUBLIC PETITION AND PARTICIPATION
R.R.S. Neb. § 25-21,241 (2003)
§ 25-21,241. Legislative findings and declarations
The Legislature finds and declares that:
(1) It is the policy of the state that the
constitutional rights of citizens and organizations to be involved and
participate freely in the process of government must be encouraged and
safeguarded with great diligence. The information, reports, opinions, claims,
arguments, and other expressions provided by citizens are vital to effective law
enforcement, the operation of government, the making of public policy and
decisions, and the continuation of representative democracy. The laws, courts,
and other agencies of this state must provide the utmost protection for the free
exercise of these petition, speech, and association rights;
(2) Civil actions for damages have been filed
against citizens and organizations of this state as a result of the valid
exercise of their constitutional rights to petition, speech, and association.
There has been a disturbing increase in such strategic lawsuits against public
participation in government;
(3) The threat of strategic lawsuits against
public participation, personal liability, and burdensome litigation costs
significantly chills and diminishes citizen participation in government,
voluntary public service, and the exercise of these important constitutional
rights. This abuse of the judicial process can and has been used as a means of
intimidating, harassing, or punishing citizens and organizations for involving
themselves in public affairs; and
(4) It is in the public interest and it is
the purpose of sections 25-21,241 to 25-21,246 to strike a balance between the
rights of persons to file lawsuits for injury and the constitutional rights of
persons to petition, speech, and association, to protect and encourage public
participation in government to the maximum extent permitted by law, to establish
an efficient process for identification and adjudication of strategic lawsuits
against public participation, and to provide for costs, attorney's fees, and
actual damages. Back to
top
|
| Nevada |
TITLE 3. REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS
CHAPTER
41. ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PERSONS
LIABILITY
OF PERSON WHO ENGAGES IN RIGHT TO PETITION
NRS § 41.637 (2004)
§ 41.637. "Good faith communication in furtherance of the
right to petition" defined
"Good faith communication in furtherance of the right to
petition" means any:
1. Communication that is aimed at procuring
any governmental or electoral action, result or outcome;
2. Communication of information or a
complaint to a legislator, officer or employee of the Federal Government, this
state or a political subdivision of this state, regarding a matter reasonably of
concern to the respective governmental entity; or
3. Written or oral statement made in direct
connection with an issue under consideration by a legislative, executive or
judicial body, or any other official proceeding authorized by law, which is
truthful or is made without knowledge of its falsehood.
§ 41.650. Limitation of liability
A person who engages in a good faith communication in
furtherance of the right to petition is immune from civil liability for claims
based upon the communication. Back
to top
|
| New Mexico |
CHAPTER 38. TRIALS
ARTICLE 2. PLEADINGS AND MOTIONS
N.M. Stat. Ann. § 38-2-9.1 (2004)
§ 38-2-9.1. Special motion to dismiss unwarranted or specious
lawsuits; procedures; sanctions; severability
A. Any action seeking money damages against a
person for conduct or speech undertaken or made in connection with a public
hearing or public meeting in a quasi-judicial proceeding before a tribunal or
decision-making body of any political subdivision of the state is subject to a
special motion to dismiss, motion for judgment on the pleadings, or motion for
summary judgment that shall be considered by the court on a priority or
expedited basis to ensure the early consideration of the issues raised by the
motion and to prevent the unnecessary expense of litigation.
§ 38-2-9.2. Findings and purpose
The legislature declares that it is the public policy of New
Mexico to protect the rights of its citizens to participate in quasi-judicial
proceedings before local and state governmental tribunals. Baseless civil
lawsuits seeking or claiming millions of dollars have been filed against persons
for exercising their right to petition and to participate in quasi-judicial
proceedings before governmental tribunals. Such lawsuits can be an abuse of the
legal process and can impose an undue financial burden on those having to
respond to and defend such lawsuits and may chill and punish participation in
public affairs and the institutions of democratic government. These lawsuits
should be subject to prompt dismissal or judgment to prevent the abuse of the
legal process and avoid the burden imposed by such baseless lawsuits. Back to top
|
| New York |
CIVIL RIGHTS LAW
ARTICLE 7. MISCELLANEOUS RIGHTS AND
IMMUNITIES
NY CLS Civ R § 70-a (2004)
§ 70-a. Actions involving public petition and participation;
recovery of damages
1. A defendant in an action involving public
petition and participation, as defined in paragraph (a) of subdivision one of
section seventy-six-a of this article, may maintain an action, claim, cross
claim or counterclaim to recover damages, including costs and attorney's fees,
from any person who commenced or continued such action; provided that:
(a) costs and attorney's fees may be recovered upon a
demonstration that the action involving public petition and participation was
commenced or continued without a substantial basis in fact and law and could not
be supported by a substantial argument for the extension, modification or
reversal of existing law;
(b) other compensatory damages may only be recovered upon an
additional demonstration that the action involving public petition and
participation was commenced or continued for the purpose of harassing,
intimidating, punishing or otherwise maliciously inhibiting the free exercise of
speech, petition or association rights; and
(c) punitive damages may only be recovered upon an additional
demonstration that the action involving public petition and participation was
commenced or continued for the sole purpose of harassing, intimidating,
punishing or otherwise maliciously inhibiting the free exercise of speech,
petition or association rights.
§ 76-a. Actions involving public petition and participation;
when actual malice to be proven
1. For purposes of this section:
(a) An "action involving public petition and participation" is
an action, claim, cross claim or counterclaim for damages that is brought by a
public applicant or permittee, and is materially related to any efforts of the
defendant to report on, comment on, rule on, challenge or oppose such
application or permission.
2. In an action involving public petition and
participation, damages may only be recovered if the plaintiff, in addition to
all other necessary elements, shall have established by clear and convincing
evidence that any communication which gives rise to the action was made with
knowledge of its falsity or with reckless disregard of whether it was false,
where the truth or falsity of such communication is material to the cause of
action at issue.
CIVIL PRACTICE LAW AND RULES
ARTICLE 32. ACCELERATED
JUDGMENT
NY CLS CPLR R 3211 (2004)
R 3211. Motion to dismiss
(g) Standards for motions to
dismiss in certain cases involving public petition and participation. A motion
to dismiss based on paragraph seven of subdivision (a) of this section, in which
the moving party has demonstrated that the action, claim, cross claim or
counterclaim subject to the motion is an action involving public petition and
participation as defined in paragraph (a) of subdivision one of section
seventy-six-a of the civil rights law, shall be granted unless the party
responding to the motion demonstrates that the cause of action has a substantial
basis in law or is supported by a substantial argument for an extension,
modification or reversal of existing law. The court shall grant preference in
the hearing of such motion. Back to
top
|
| Oklahoma |
While this statute is not explicitly an anti-SLAPP statute,
it does exempt from prosecution a wide range of communications made in a
“proceeding authorized by law” which can be applicable in an anti-SLAPP
case.
TITLE 12. CIVIL PROCEDURE
CHAPTER 25. LIBEL AND SLANDER
12 Okl. St. § 1443.1 (2004)
§ 1443.1. Privileged communication defined--Exemption from
libel
A. A privileged publication or communication
is one made:
First. In any legislative or judicial
proceeding or any other proceeding authorized by law;
Second. In the proper discharge of an
official duty;
Third. By a fair and true report of any
legislative or judicial or other proceeding authorized by law, or anything said
in the course thereof, and any and all expressions of opinion in regard thereto,
and criticisms thereon, and any and all criticisms upon the official acts of any
and all public officers, except where the matter stated of and concerning the
official act done, or of the officer, falsely imputes crime to the officer so
criticized. Back to
top
|
| Oregon |
TITLE 3. REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS
CHAPTER 31. TORT ACTIONS
SPECIAL MOTION TO STRIKE
ORS § 31.150
31.150. Special motion to strike; when available; burden of
proof.
(1) A defendant may make a special motion to strike against a
claim in a civil action described in subsection (2) of this section. The court
shall grant the motion unless the plaintiff establishes in the manner provided
by subsection (3) of this section that there is a probability that the plaintiff
will prevail on the claim. The special motion to strike shall be treated as a
motion to dismiss under ORCP 21 A but shall not be subject to ORCP 21 F. Upon
granting the special motion to strike, the court shall enter a judgment of
dismissal without prejudice.
(2) A special motion to strike may be made under this section
against any claim in a civil action that arises out of:
(a) Any oral statement made, or written
statement or other document submitted, in a legislative, executive or judicial
proceeding or other proceeding authorized by law;
(b) Any oral statement made, or written
statement or other document submitted, in connection with an issue under
consideration or review by a legislative, executive or judicial body or other
proceeding authorized by law;
(c) Any oral statement made, or written
statement or other document presented, in a place open to the public or a public
forum in connection with an issue of public interest; or
(d) Any other conduct in furtherance of the
exercise of the constitutional right of petition or the constitutional right of
free speech in connection with a public issue or an issue of public interest.
Back to top
|
| Pennsylvania |
PENNSYLVANIA CONSOLIDATED STATUTES
TITLE 27. ENVIRONMENTAL
RESOURCES
PART VI. SANCTIONS AND REMEDIES
SUBPART C. IMMUNITY
CHAPTER 83. PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION
27 Pa.C.S. § 8302 (2004)
§ 8302. Immunity
(a) GENERAL RULE.-- Except as provided in
subsection (b), a person that, pursuant to Federal or State law, files an action
in the courts of this Commonwealth to enforce an environmental law or regulation
or that makes an oral or written communication to a government agency relating
to enforcement or implementation of an environmental law or regulation shall be
immune from civil liability in any resulting legal proceeding for damages where
the action or communication is aimed at procuring favorable governmental action.
Back to top
|
| Rhode Island |
TITLE 9. COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY
CHAPTER 33. LIMITS ON STRATEGIC LITIGATION AGAINST PUBLIC PARTICIPATION
R.I. Gen. Laws § 9-33-1 (2004)
§ 9-33-1. Findings
The legislature finds and declares that full participation by
persons and organizations and robust discussion of issues of public concern
before the legislative, judicial, and administrative bodies and in other public
fora are essential to the democratic process, that there has been a disturbing
increase in lawsuits brought primarily to chill the valid exercise of the
constitutional rights of freedom of speech and petition for the redress of
grievances; that such litigation is disfavored and should be resolved quickly
with minimum cost to citizens who have participated in matters of public
concern.
§ 9-33-2. Conditional immunity
(a) A party's exercise of his or her right of petition or of
free speech under the United States or Rhode Island constitutions in connection
with a matter of public concern shall be conditionally immune from civil claims,
counterclaims, or cross-claims. Such immunity will apply as a bar to any civil
claim, counterclaim, or cross-claim directed at petition or free speech as
defined in subsection (e) of this section, except if the petition or free speech
constitutes a sham. The petition or free speech constitutes a sham only if it is
not genuinely aimed at procuring favorable government action, result, or
outcome, regardless of ultimate motive or purpose. The petition or free speech
will be deemed to constitute a sham as defined in the previous sentence only if
it is both:
(1) Objectively baseless in the sense that no
reasonable person exercising the right of speech or petition could realistically
expect success in procuring the government action, result, or outcome, and
(2) Subjectively baseless in the sense that
it is actually an attempt to use the governmental process itself for its own
direct effects. Use of outcome or result of the governmental process shall not
constitute use of the governmental process itself for its own direct effects.
Back to top
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| Tennessee |
TITLE 4. STATE GOVERNMENT
CHAPTER 21. HUMAN RIGHTS
PART 10. STRATEGIC LAWSUITS AGAINST POLITICAL PARTICIPATION
Tenn. Code Ann. § 4-21-1002 (2003)
4-21-1002. Legislative intent and findings
(a) It is the intent of the general assembly
to provide protection for individuals who make good faith reports of wrongdoing
to appropriate governmental bodies. Information provided by citizens concerning
potential misdeeds is vital to effective law enforcement and the efficient
operation of government.
(b) The general assembly finds that the
threat of a civil action for damages in the form of a strategic lawsuit against
political participation (SLAPP), and the possibility of considerable legal
costs, can act as a deterrent to citizens who wish to report information to
federal, state, or local agencies. SLAPP suits can effectively punish concerned
citizens for exercising the constitutional right to speak and petition the
government for redress of grievances. Back to top
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| Utah |
TITLE 78. JUDICIAL CODE
PART IX. MISCELLANEOUS
PROVISIONS
CHAPTER 58. CITIZEN PARTICIPATION IN GOVERNMENT ACT
Utah Code
Ann. § 78-58-103 (2006).
§ 78-58-103. Applicability
(1) A defendant in an action who believes that the action is primarily based
on, relates to, or is in response to an act of the defendant while participating
in the process of government and is done primarily to harass the defendant, may
file:
(a) an answer supported by an affidavit of the defendant detailing his belief
that the action is designed to prevent, interfere with, or chill public
participation in the process of government, and specifying in detail the conduct
asserted to be the participation in the process of government believed to give
rise to the complaint; and
(b) a motion for judgment on the pleadings in accordance with the Utah Rules
of Civil Procedure Rule 12(c).
(2) Affidavits detailing activity not adequately detailed in the answer may
be filed with the motion. Back to
top
|
| Washington |
TITLE 4. CIVIL PROCEDURE
CHAPTER 4.24. SPECIAL RIGHTS OF
ACTION AND SPECIAL IMMUNITIES
Rev. Code Wash. (ARCW) § 4.24.500 (2004)
§ 4.24.500. Good faith communication to government agency —
Legislative findings — Purpose
Information provided by citizens concerning potential
wrongdoing is vital to effective law enforcement and the efficient operation of
government. The legislature finds that the threat of a civil action for damages
can act as a deterrent to citizens who wish to report information to federal,
state, or local agencies. The costs of defending against such suits can be
severely burdensome. The purpose of RCW 4.24.500 through 4.24.520 is to
protect individuals who make good-faith reports to appropriate governmental
bodies.
§ 4.24.510. Communication to government agency or
self-regulatory organization — Immunity from civil liability
A person who communicates a complaint or information to any
branch or agency of federal, state, or local government, or to any
self-regulatory organization that regulates persons involved in the securities
or futures business and that has been delegated authority by a federal, state,
or local government agency and is subject to oversight by the delegating agency,
is immune from civil liability for claims based upon the communication to the
agency or organization regarding any matter reasonably of concern to that agency
or organization. A person prevailing upon the defense provided for in this
section is entitled to recover expenses and reasonable attorneys' fees incurred
in establishing the defense and in addition shall receive statutory damages of
ten thousand dollars. Statutory damages may be denied if the court finds that
the complaint or information was communicated in bad faith. Back to top
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| Guam |
Guam Code Annotated
Title 7 - Civil Actions
Division
2
Chapter 17 - Citizen Participation in Government Act
Guam Code Annotated
Title 7, §§ 17101 - 17109 (2006).
§17104. Immunity. Acts in furtherance of the Constitutional rights to
petition, including seeking relief, influencing action, informing, communicating
and otherwise participating in the processes of government, shall be immune from
liability, regardless of intent or purpose, except where not aimed at procuring
any government or electoral action, result or outcome. Back to top
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Tuesday, February 20, 2007 | 15:14:57
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