I 
116TH CONGRESS 
2D SESSION 
H. R. 7771 
To protect first amendment rights of petition and free speech by preventing 
States and the United States from allowing meritless lawsuits arising 
from acts in furtherance of those rights, commonly called ‘‘SLAPPs’’, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2020 
Mr. COHEN introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To protect first amendment rights of petition and free speech 
by preventing States and the United States from allowing 
meritless lawsuits arising from acts in furtherance of 
those rights, commonly called ‘‘SLAPPs’’, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Citizen Participation 
Act of 2020’’. 
SEC. 2. FINDINGS. 
The Congress finds and declares that— 
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(1) the framers of our Constitution, recognizing 
participation in government and freedom of speech 
as inalienable rights essential to the survival of de-
mocracy, secured their protection through the First 
Amendment to the United States Constitution; 
(2) the communications, information, opinions, 
reports, testimony, claims and arguments that indi-
viduals, organizations and businesses provide to the 
government are essential to wise government deci-
sions and public policy, the public health, safety, and 
welfare, effective law enforcement, the efficient oper-
ation of government programs, the credibility and 
trust afforded government, and the continuation of 
America’s representative democracy; 
(3) civil lawsuits and counterclaims, often 
claiming millions of dollars in damages, have been 
and are being filed against thousands of individuals, 
organizations, and businesses based upon their valid 
exercise of the rights to petition or free speech, in-
cluding seeking relief, influencing action, informing, 
communicating, and otherwise participating with 
government, the electorate, or in matters of public 
interest; 
(4) such lawsuits, called Strategic Lawsuits 
Against Public Participation or SLAPPs, are often 
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ultimately dismissed as groundless or unconstitu-
tional, but not before the defendants are put to 
great expense, harassment, and interruption of their 
productive activities; 
(5) it is in the public interest for individuals, 
organizations and businesses to participate in mat-
ters of public concern and provide information to 
public entities and other citizens on public issues 
that affect them without fear of reprisal through 
abuse of the judicial process; 
(6) the threat of financial liability, litigation 
costs, destruction of one’s business, loss of one’s 
home, and other personal losses from groundless 
lawsuits seriously impacts government, interstate 
commerce, and individual rights by significantly 
chilling public participation in government, public 
issues, and in voluntary service; 
(7) SLAPPs are an abuse of the judicial proc-
ess that waste judicial resources and clog the al-
ready over-burdened court dockets; 
(8) while some courts and State legislatures 
have recognized and discouraged SLAPPs, protec-
tion against SLAPPs has not been uniform or com-
prehensive; and 
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(9) some SLAPP victims are deprived of the re-
lief to which they are entitled because the current 
bankruptcy law allows for the discharge of fees, 
costs and damages awarded against a party for 
maintaining a SLAPP. 
SEC. 3. IMMUNITY FOR PETITION ACTIVITY. 
(a) IMMUNITY.—Any act of petitioning the govern-
ment made without knowledge of falsity or reckless dis-
regard of falsity shall be immune from civil liability. 
(b) BURDEN AND STANDARD OF PROOF.—A plaintiff 
must prove knowledge of falsity or reckless disregard of 
falsity by clear and convincing evidence. 
SEC. 4. PROTECTION FOR PETITION AND SPEECH ACTIV-
ITY. 
Any act in furtherance of the constitutional right of 
petition or free speech shall be entitled to the procedural 
protections provided in this Act. 
SEC. 5. SPECIAL MOTION TO DISMISS. 
(a) IN GENERAL.—A party may file a special motion 
to dismiss any claim arising from an act or alleged act 
in furtherance of the constitutional right of petition or free 
speech within 45 days after service of the claim if the 
claim was filed in Federal court or, if the claim was re-
moved to Federal court pursuant to section 6 of this Act, 
within 15 days after removal. 
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(b) BURDENS OF THE PARTIES.—A party filing a 
special motion to dismiss under this Act has the initial 
burden of making a prima facie showing that the claim 
at issue arises from an act in furtherance of the constitu-
tional right of petition or free speech. If the moving party 
meets this burden, the burden shifts to the responding 
party to demonstrate that the claim is both legally suffi-
cient and supported by a sufficient prima facie showing 
of facts to sustain a favorable judgment. 
(c) STAY OF DISCOVERY.—Upon the filing of a spe-
cial motion to dismiss, discovery proceedings in the action 
shall be stayed until notice of entry of an order disposing 
of the motion, except that the court, on noticed motion 
and for good cause shown, may order that specified dis-
covery be conducted. 
(d) EXPEDITED HEARING.—The court shall hold an 
expedited hearing on the special motion to dismiss, and 
issue a ruling as soon as practicable after the hearing. The 
parties may submit the pleadings and affidavits stating 
the facts upon which the liability or defense is based. The 
court shall explain the reasons for its grant or denial of 
the motion in a statement for the record. If the special 
motion to dismiss is granted, dismissal shall be with preju-
dice. 
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(e) IMMEDIATE APPEAL.—The defendant shall have 
a right of immediate appeal from a district court order 
denying a special motion to dismiss in whole or in part. 
SEC. 6. FEDERAL REMOVAL JURISDICTION. 
(a) IN GENERAL.—A civil action commenced in a 
State court against any person who asserts as a defense 
the immunity provided for in section 3 of this Act, or as-
serts that the action arises from an act in furtherance of 
the constitutional right of petition or free speech, may be 
removed by the defendant to the district court of the 
United States for the district and division embracing the 
place wherein it is pending. 
(b) REMAND OF REMAINING CLAIMS.—A court exer-
cising jurisdiction under this section shall remand any 
claims against which the special motion to dismiss has 
been denied, as well as any remaining claims against 
which a special motion to dismiss was not brought, to the 
State court from which it was removed. 
(c) TIMING.—A court exercising jurisdiction under 
this section shall remand an action if a special motion to 
dismiss is not filed within 15 days after removal. 
SEC. 7. SPECIAL MOTION TO QUASH. 
(a) IN GENERAL.—A person whose personally identi-
fying information is sought in connection with an action 
pending in Federal court arising from an act in further-
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ance of the constitutional right of petition or free speech 
may make a special motion to quash the discovery order, 
request or subpoena. 
(b) BURDENS OF THE PARTIES.—The person bring-
ing a special motion to quash under this section must 
make a prima facie showing that the underlying claim 
arises from an act in furtherance of the constitutional 
right of petition or free speech. If this burden is met, the 
burden shifts to the plaintiff in the underlying action to 
demonstrate that the underlying claim is both legally suffi-
cient and supported by a sufficient prima facie showing 
of facts to sustain a favorable judgment. This standard 
shall apply only to a special motion to quash brought 
under this section. 
SEC. 8. FEES AND COSTS. 
(a) ATTORNEY’S FEES.—The court shall award a 
moving party who prevails on a special motion to dismiss 
or quash the costs of litigation, including a reasonable at-
torney’s fee. 
(b) FRIVOLOUS MOTIONS
AND REMOVAL.—If the 
court finds that a special motion to dismiss, special motion 
to quash, or the removal of a claim under this Act is frivo-
lous or is solely intended to cause unnecessary delay, the 
court may award a reasonable attorney’s fees and costs 
to the responding party. 
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(c) GOVERNMENT ENTITIES.—A government entity 
may not recover fees pursuant to this section. 
SEC. 9. BANKRUPTCY NONDISCHARGABILITY OF FEES AND 
COSTS. 
Fees or costs awarded against a party by a court for 
the prosecution of any claim finally dismissed pursuant 
to this Act, or any subpoena or discovery order quashed 
pursuant to this Act, or any claim finally dismissed pursu-
ant to a State anti-SLAPP law, shall not be dischargeable 
in bankruptcy under section 1328 or section 523 of title 
11, United States Code. 
SEC. 10. EXEMPTIONS. 
(a) PUBLIC ENFORCEMENT.—Sections 4 through 8 
of this Act shall not be available in any action brought 
solely on behalf of the public or solely to enforce an impor-
tant right affecting the public interest. 
(b) COMMERCIAL SPEECH.—This Act shall not apply 
to any claim for relief brought against a person primarily 
engaged in the business of selling or leasing goods or serv-
ices, if the statement or conduct from which the claim 
arises is a representation of fact made for the purpose of 
promoting, securing or completing sales or leases of, or 
commercial transactions in, the person’s goods or services, 
and the intended audience is an actual or potential buyer 
or customer. 
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(c) ‘‘SLAPP-BACK’’ SUITS.—This Act shall not be 
available to dismiss any action or claim arising from a 
claim that has been dismissed pursuant to this Act or to 
a State anti-SLAPP law. 
SEC. 11. DEFINITIONS. 
In this Act: 
(1) ACT IN FURTHERANCE OF THE RIGHT OF 
FREE SPEECH.—The term ‘‘act in furtherance of the 
right of free speech’’ includes but is not limited to— 
(A) any written or oral statement made in 
connection with an issue under consideration or 
review by a legislative, executive, or judicial 
body, or any other official proceeding author-
ized by law; 
(B) any written or oral statement made in 
a place open to the public or a public forum in 
connection with an issue of public interest; or 
(C) any other conduct in furtherance of 
the exercise of the constitutional right of peti-
tion or the constitutional right of free speech in 
connection with an issue of public interest. 
(2) ACT OF PETITIONING THE GOVERNMENT.— 
The term ‘‘act of petitioning the government’’ in-
cludes but is not limited to any written or oral state-
ment— 
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(A) made or submitted before a legislative, 
executive, or judicial body, or any other official 
proceeding authorized by law; or 
(B) any written or oral statement encour-
aging a statement before a legislative, executive, 
or judicial body, or any other official proceeding 
authorized by law. 
(3) CLAIM.—The term ‘‘claim’’ includes any 
civil lawsuit, claim, complaint, cause of action, cross- 
claim, counterclaim, or other judicial pleading or fil-
ing requesting relief. 
(4) GOVERNMENT ENTITY.—The term ‘‘govern-
ment entity’’ includes the United States, a branch, 
department, agency, State, or subdivision of a State, 
or other public authority. 
(5) ISSUE
OF
PUBLIC
INTEREST.—The term 
‘‘issue of public interest’’ includes an issue related to 
health or safety; environmental, economic or commu-
nity well-being; the government; a public figure; or 
a good, product or service in the market place. 
‘‘Issue of public interest’’ shall not be construed to 
include private interests, such as statements directed 
primarily toward protecting the speaker’s business 
interests rather than toward commenting on or shar-
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ing information about a matter of public signifi-
cance. 
(6) 
PERSONALLY
IDENTIFYING
INFORMA-
TION.—The term ‘‘personally identifying informa-
tion’’ means first and last name or last name only; 
home or other physical address including temporary 
shelter or housing and including a street name or 
ZIP Code; full date of birth; email address or other 
online contact information; telephone number; social 
security number; internet protocol address or host 
name that identifies an individual, or any other in-
formation that would serve to identify an individual. 
(7) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, and any 
commonwealth, territory, or possession of the United 
States. 
SEC. 12. CONSTRUCTION. 
This Act shall be liberally construed to effectuate its 
findings and purposes fully, except that the exemptions 
shall be construed narrowly. 
SEC. 13. RELATIONSHIP TO OTHER LAWS. 
Nothing in this Act shall preempt or supersede any 
Federal, State, constitutional, case or common law that 
provides the equivalent or greater protection for persons 
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engaging in activities in furtherance of the rights of peti-
tion or free speech. 
SEC. 14. SEVERABILITY. 
If any provision of this Act or the application of any 
provision of this Act to any person or circumstance is held 
invalid, the application of such provision to other persons 
or circumstances and the remainder of this Act shall not 
be affected thereby. 
SEC. 15. EFFECTIVE DATE. 
This Act shall become effective upon enactment. 
Æ 
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