Strategic Lawsuits Against Public Participation Protection Act of 2022 or the SLAPP Protection Act of 2022
This bill establishes a motion in federal courts to allow for the dismissal of a claim with prejudice if (1) that claim is shown to be based on the moving party's exercise of free speech, (2) the responding party cannot establish essential elements of the claim or that there is a genuine issue of material fact, and (3) no exception under this bill applies.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8864 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8864
To amend title 28, United States Code, to establish a procedure to
dismiss, punish, and deter strategic lawsuits against public
participation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2022
Mr. Raskin (for himself and Mr. Cohen) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to establish a procedure to
dismiss, punish, and deter strategic lawsuits against public
participation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Strategic Lawsuits Against Public
Participation Protection Act of 2022'' or the ``SLAPP Protection Act of
2022''.
SEC. 2. MEASURES TO END STRATEGIC LAWSUITS AGAINST PUBLIC
PARTICIPATION.
(a) In General.--Part VI of title 28, United States Code, is
amended by adding after chapter 181 the following new chapter:
``CHAPTER 182--PROCEDURE TO DISMISS, PUNISH, AND DETER STRATEGIC
LAWSUITS AGAINST PUBLIC PARTICIPATION
``Sec.
``4201. Special motion to dismiss a Strategic Lawsuit Against Public
Participation.
``4202. Exceptions.
``4203. Fees.
``4204. Choice of law.
``4205. Definitions.
``Sec. 4201. Special motion to dismiss a Strategic Lawsuit Against
Public Participation
``(a) Notice Period.--Not later than five days before the filing of
a special motion to dismiss a claim alleged to be a strategic lawsuit
against public participation under this chapter, the moving party shall
provide written notice to the responding party of its intent to file
such a special motion to dismiss with respect to a claim. Until the
moving party has filed a special motion to dismiss, the responding
party may withdraw or amend the claim in accordance with applicable
court rules.
``(b) Timing of Motion.--
``(1) In general.--A special motion to dismiss pursuant to
this chapter shall be filed not later than the date that is the
later of the following:
``(A) 60 days after the date of service of the
pleading that states the claim alleged to be a SLAPP.
``(B) 60 days after the date of removal of the case
to Federal court.
``(2) Good cause.--Upon motion by either party and for good
cause, the court may extend the period described under
paragraph (1).
``(c) Stay of Proceedings.--
``(1) In general.--Except as provided under paragraph (2),
upon the filing of a special motion to dismiss under this
chapter, all other proceedings between the moving party and
responding party that are related to the claim, including
discovery proceedings and any pending hearing or motions, shall
be stayed until notice of entry of an order disposing of the
special motion to dismiss.
``(2) Exceptions.--
``(A) Good cause.--Upon motion by either party, the
court may allow limited and specified discovery related
to the motion, as determined by the court, for good
cause.
``(B) Motion for remand.--Proceedings relating to a
motion to remand filed pursuant to section 1447 may
proceed pending consideration by the court of the
special motion to dismiss.
``(d) Consideration of Motion.--The court shall grant the special
motion to dismiss and dismiss the claim with prejudice if--
``(1) the moving party presents evidence establishing that
the claim at issue is based on, or in response to, the party's
lawful exercise of the constitutional right of petition,
freedom of the press, peaceful assembly, free speech on a
matter of public concern, or other expressive conduct on a
matter of public concern;
``(2) the responding party fails to establish that an
exception under section 4202 applies; and
``(3) either--
``(A) the responding party fails to present
evidence establishing a prima facie case as to each
essential element of the claim under the standard of
Federal Rule of Civil Procedure 56; or
``(B) the responding party has presented evidence
establishing a prima facie case as to each element of
the claim under subparagraph (A), but the moving party
has established that there is no genuine issue of
material fact and the party is entitled to judgment as
a matter of law on the claim or complaint under the
standard of Federal Rule of Civil Procedure 56.
``(e) Expedited Ruling.--The court shall rule on a special motion
to dismiss not later than 90 days after the date on which the motion is
filed, unless the court determines that docket condition, any specified
discovery, or other good cause requires a ruling at a later date.
``Sec. 4202. Exceptions
``(a) In General.--Except as provided under subsection (b), this
chapter shall not apply to any claim that is brought--
``(1) against a person primarily engaged in the business of
selling or leasing commercial goods or services if the
communication on which the claim is based arises out of the
person's sale or lease of commercial goods or services;
``(2) by a government official or entity acting in an
official capacity or under color of law, or against a
government official or entity sued in an official or individual
capacity or under color of law for acts or omissions conducted
on behalf of a government entity;
``(3) under Federal, State, or local civil rights statute
or ordinance, or to enforce such a statute or ordinance;
``(4) for recovery for bodily injury, wrongful death, or
survival damages;
``(5) by a whistleblower under a Federal or State
whistleblower statute, including any claim brought under the
section 3729, 3730, 3731, 3732, or 3733 of title 31, United
States Code;
``(6) under the citizen suit provision of a Federal or
State environmental protection statute;
``(7) by a consumer in a private enforcement action under a
State unfair trade and deceptive practices statute;
``(8) by a customer or employee alleging misuse of that
individual's personal information in violation of a Federal or
State data protection statute;
``(9) under the Securities and Exchange Act of 1934, the
Securities Act of 1933, or a State securities laws;
``(10) in response to a civil action brought by a
shareholder on behalf of a corporation; or
``(11) for an alleged violation of antitrust laws (as
defined by section 1(a) of the Clayton Act (15 U.S.C. 12(a)))
or a State antitrust law.
``(b) Certain Additional Exceptions.--This chapter may apply to a
claim asserted under paragraph (1), (4), (7), or (8) of subsection (a)
if the claim is brought against--
``(1) any publisher, editor, reporter, or other person who
is or was connected with or employed by a radio station,
television station, newspaper, magazine, internet-based
publication, or other periodical publication, or by a press
association or wire service, if the person against whom the
claim was asserted was acting with respect to such connection
or employment; or
``(2) any person or entity based on the person's or
entity's creation, dissemination, exhibition, advertisement, or
other similar promotion of any dramatic, literary, musical,
political, journalistic, or artistic work.
``Sec. 4203. Fees
``(a) Attorney's Fees and Costs.--If the moving party prevails on
the special motion to dismiss, there shall be a rebuttable presumption
that the moving party is entitled to an award of reasonable attorneys'
fees and costs. Such a presumption can be rebutted by a showing that
such an award would be unreasonable or that special circumstances exist
that would make such an award unjust, as determined by the court.
``(b) Prevailing Party.--For the purposes of subsection (a), the
moving party is considered to have prevailed on the special motion to
dismiss if the court grants the special motion to dismiss under section
4201(d), and if the responding party did not amend or withdraw the
claim until after the end of the 5-day notice period set forth in
section 4201(a).
``(c) Bad Faith Filings.--If a court finds that a special motion to
dismiss was filed in bad faith and solely intended to cause delay,
there shall be a rebuttable presumption that the responding party is
entitled to an award of reasonable attorneys' fees and costs incurred
in responding to the special motion to dismiss. Such a presumption can
be rebutted by a showing that such an award would be unreasonable or
that special circumstances exist that would make such an award unjust,
as determined by the court.
``Sec. 4204. Choice of law
``Except as provided for in this chapter, nothing in this chapter
shall reduce or limit any substantive claim, remedy, or defense to a
SLAPP under any other Federal law or under the laws of any State or
locality.
``Sec. 4205. Definitions
``In this chapter:
``(1) Strategic lawsuit against public participation;
slapp.--The term `strategic lawsuit against public
participation' or `SLAPP' means the use of the court system to
silence or intimidate a party who is engaged in the lawful
exercise of the constitutional right of petition, freedom of
the press, peaceful assembly, free speech on a matter of public
concern, or other expressive conduct on a matter of public
concern, by subjecting that party to meritless litigation.
``(2) Claim.--The term `claim' means any civil action,
complaint, cause of action, counterclaim, or other court filing
seeking damages, declaratory relief, or equitable relief.
``(3) Matter of public concern.--The term `matter of public
concern' means any communication or expressive conduct
undertaken with the purpose of--
``(A) participating in or seeking to influence a
legislative, executive, judicial proceeding, or other
proceeding authorized by law;
``(B) commenting on an issue under consideration or
review, or recommending consideration of an issue, by a
legislative, executive, or judicial body;
``(C) raising a concern or complaint with a law
enforcement agency, licensing board, or grievance
mechanism created under a Federal, State, or local
anti-discrimination statute or ordinance; or
``(D) commenting about a public official, public
figure, or other natural or legal person whose act,
omission, fame, notoriety, or celebrity has become a
public issue.
``(4) Government entity.--The term `government entity'
means the Government of the United States, a government
corporation, branch, department, agency, State, or subdivision
of a State or a federally or State recognized Tribe.
``(5) State.--The term `State' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(b) Clerical Amendment.--The table of chapters for title 28, United
States Code, is amended by adding after chapter 181 the following:
``182. Procedure to Dismiss, Punish, and Deter Strategic Lawsuits
Against Public Participation.''.
SEC. 3. RULE OF CONSTRUCTION.
This Act and the amendments made by this Act shall be broadly
construed and applied to protect the exercise of the constitutional
right of petition, freedom of the press, peaceful assembly, free speech
on a matter of public concern, and other protected expressive conduct
on a matter of public concern.
SEC. 4. EFFECTIVE DATE; APPLICABILITY.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act and apply to any action filed on
or after the date of the enactment of this Act regardless of whether
the conduct at issue occurred prior to the date of the enactment of
this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
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