I 
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 proce-
dure to dismiss, punish, and deter strategic lawsuits 
against public participation, 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 ‘‘Strategic Lawsuits Against 
Public Participation Protection Act of 2022’’ or the 
‘‘SLAPP Protection Act of 2022’’. 
VerDate Sep 11 2014 
20:38 Sep 23, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8864.IH
H8864
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 2. MEASURES TO END STRATEGIC LAWSUITS AGAINST 
PUBLIC PARTICIPATION. 
(a) IN GENERAL.—Part VI of title 28, United States 
Code, is amended by adding after chapter 181 the fol-
lowing new chapter: 
‘‘CHAPTER 182—PROCEDURE TO DISMISS, 
PUNISH, AND DETER STRATEGIC LAW-
SUITS AGAINST PUBLIC PARTICIPA-
TION 
‘‘Sec. 
‘‘4201. Special motion to dismiss a Strategic Lawsuit Against Public Participa-
tion. 
‘‘4202. Exceptions. 
‘‘4203. Fees. 
‘‘4204. Choice of law. 
‘‘4205. Definitions. 
‘‘§ 4201. Special motion to dismiss a Strategic Lawsuit 
Against Public Participation 
‘‘(a) NOTICE PERIOD.—Not later than five days be-
fore the filing of a special motion to dismiss a claim al-
leged to be a strategic lawsuit against public participation 
under this chapter, the moving party shall provide written 
notice to the responding party of its intent to file such 
a special motion to dismiss with respect to a claim. Until 
the moving party has filed a special motion to dismiss, 
the responding party may withdraw or amend the claim 
in accordance with applicable court rules. 
‘‘(b) TIMING OF MOTION.— 
VerDate Sep 11 2014 
20:38 Sep 23, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8864.IH
H8864
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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 be-
tween the moving party and responding party that 
are related to the claim, including discovery pro-
ceedings 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 ei-
ther party, the court may allow limited and 
specified discovery related to the motion, as de-
termined by the court, for good cause. 
VerDate Sep 11 2014 
20:38 Sep 23, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8864.IH
H8864
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(B) MOTION FOR REMAND.—Proceedings 
relating to a motion to remand filed pursuant 
to section 1447 may proceed pending consider-
ation by the court of the special motion to dis-
miss. 
‘‘(d) CONSIDERATION OF MOTION.—The court shall 
grant the special motion to dismiss and dismiss the claim 
with prejudice if— 
‘‘(1) the moving party presents evidence estab-
lishing that the claim at issue is based on, or in re-
sponse to, the party’s lawful exercise of the constitu-
tional right of petition, freedom of the press, peace-
ful assembly, free speech on a matter of public con-
cern, or other expressive conduct on a matter of 
public concern; 
‘‘(2) the responding party fails to establish that 
an exception under section 4202 applies; and 
‘‘(3) either— 
‘‘(A) the responding party fails to present 
evidence establishing a prima facie case as to 
each essential element of the claim under the 
standard of Federal Rule of Civil Procedure 56; 
or 
‘‘(B) the responding party has presented 
evidence establishing a prima facie case as to 
VerDate Sep 11 2014 
20:38 Sep 23, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8864.IH
H8864
pbinns on DSKJLVW7X2PROD with $$_JOB
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 stand-
ard 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. 
‘‘§ 4202. Exceptions 
‘‘(a) IN GENERAL.—Except as provided under sub-
section (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 com-
mercial 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 
VerDate Sep 11 2014 
20:38 Sep 23, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8864.IH
H8864
pbinns on DSKJLVW7X2PROD with $$_JOB
omissions conducted on behalf of a government enti-
ty; 
‘‘(3) under Federal, State, or local civil rights 
statute or ordinance, or to enforce such a statute or 
ordinance; 
‘‘(4) for recovery for bodily injury, wrongful 
death, or survival damages; 
‘‘(5) by a whistleblower under a Federal or 
State whistleblower statute, including any claim 
brought under the section 3729, 3730, 3731, 3732, 
or 3733 of title 31, United States Code; 
‘‘(6) under the citizen suit provision of a Fed-
eral or State environmental protection statute; 
‘‘(7) by a consumer in a private enforcement 
action under a State unfair trade and deceptive 
practices statute; 
‘‘(8) by a customer or employee alleging misuse 
of that individual’s personal information in violation 
of a Federal or State data protection statute; 
‘‘(9) under the Securities and Exchange Act of 
1934, the Securities Act of 1933, or a State securi-
ties laws; 
‘‘(10) in response to a civil action brought by 
a shareholder on behalf of a corporation; or 
VerDate Sep 11 2014 
20:38 Sep 23, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8864.IH
H8864
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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, maga-
zine, 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 em-
ployment; or 
‘‘(2) any person or entity based on the person’s 
or entity’s creation, dissemination, exhibition, adver-
tisement, or other similar promotion of any dra-
matic, literary, musical, political, journalistic, or ar-
tistic work. 
‘‘§ 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 enti-
tled to an award of reasonable attorneys’ fees and costs. 
VerDate Sep 11 2014 
20:38 Sep 23, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8864.IH
H8864
pbinns on DSKJLVW7X2PROD with $$_JOB
Such a presumption can be rebutted by a showing that 
such an award would be unreasonable or that special cir-
cumstances exist that would make such an award unjust, 
as determined by the court. 
‘‘(b) PREVAILING PARTY.—For the purposes of sub-
section (a), the moving party is considered to have pre-
vailed on the special motion to dismiss if the court grants 
the special motion to dismiss under section 4201(d), and 
if the responding party did not amend or withdraw the 
claim until after the end of the 5-day notice period set 
forth in section 4201(a). 
‘‘(c) BAD FAITH FILINGS.—If a court finds that a 
special motion to dismiss was filed in bad faith and solely 
intended to cause delay, there shall be a rebuttable pre-
sumption that the responding party is entitled to an award 
of reasonable attorneys’ fees and costs incurred in re-
sponding to the special motion to dismiss. Such a pre-
sumption can be rebutted by a showing that such an 
award would be unreasonable or that special cir-
cumstances exist that would make such an award unjust, 
as determined by the court. 
‘‘§ 4204. Choice of law 
‘‘Except as provided for in this chapter, nothing in 
this chapter shall reduce or limit any substantive claim, 
VerDate Sep 11 2014 
20:38 Sep 23, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8864.IH
H8864
pbinns on DSKJLVW7X2PROD with $$_JOB
remedy, or defense to a SLAPP under any other Federal 
law or under the laws of any State or locality. 
‘‘§ 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 re-
lief, 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 influ-
ence a legislative, executive, judicial proceeding, 
or other proceeding authorized by law; 
VerDate Sep 11 2014 
20:38 Sep 23, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H8864.IH
H8864
pbinns on DSKJLVW7X2PROD with $$_JOB