I 
114TH CONGRESS 
1ST SESSION H. R. 2304 
To amend title 28, United States Code, to create a special motion to dismiss 
strategic lawsuits against public participation (SLAPP suits). 
IN THE HOUSE OF REPRESENTATIVES 
MAY 13, 2015 
Mr. FARENTHOLD (for himself, Ms. ESHOO, Mr. ISSA, Mr. FRANKS of Ari-
zona, and Mr. POLIS) introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To amend title 28, United States Code, to create a special 
motion to dismiss strategic lawsuits against public par-
ticipation (SLAPP suits). 
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 ‘‘Securing Participation, 
Engagement, and Knowledge Freedom by Reducing Egre-
gious Efforts Act of 2015’’ or the ‘‘SPEAK FREE Act 
of 2015’’. 
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SEC. 2. SPECIAL MOTION TO DISMISS STRATEGIC LAW-
SUITS 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—SPECIAL MOTION TO DIS-
MISS STRATEGIC LAWSUITS AGAINST 
PUBLIC PARTICIPATION 
‘‘Sec. 
‘‘4201. Strategic lawsuit against public participation defined. 
‘‘4202. Motion to dismiss strategic lawsuit against public participation. 
‘‘4203. Discovery. 
‘‘4204. Interlocutory appeal. 
‘‘4205. Motion to quash. 
‘‘4206. Removal. 
‘‘4207. Fees, costs, and sanctions. 
‘‘4208. Definitions. 
‘‘§ 4201. Strategic lawsuit against public participation 
defined 
‘‘In this chapter, the term ‘strategic lawsuit against 
public participation’ or ‘SLAPP suit’ means a claim that 
arises from an oral or written statement or other expres-
sion, or conduct in furtherance of such expression, by the 
person against whom the claim is asserted that was made 
in connection with an official proceeding or about a matter 
of public concern. 
‘‘§ 4202. Special motion to dismiss strategic lawsuit 
against public participation 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), a person against whom a SLAPP suit is asserted may 
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file a special motion to dismiss. If the party filing a special 
motion to dismiss a SLAPP suit makes a prima facie 
showing that the claim at issue arises from an oral or writ-
ten statement or other expression by the defendant that 
was made in connection with an official proceeding or 
about a matter of public concern, then the motion shall 
be granted and the claim dismissed with prejudice, unless 
the responding party demonstrates that the claim is likely 
to succeed on the merits, in which case the motion shall 
be denied. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) ENFORCEMENT ACTIONS.—The court shall 
not grant a special motion to dismiss under this sec-
tion if the claim is an enforcement action brought by 
an agency or entity of the Federal Government or a 
State or local government. 
‘‘(2) COMMERCIAL
SPEECH.—Except as pro-
vided in subsection (c), the court shall not grant a 
special motion to dismiss under this section if the 
claim is brought against a person primarily engaged 
in the business of selling or leasing goods or services 
where such claim arises from the statement or con-
duct of such person and such statement or con-
duct— 
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‘‘(A) consists of representations of fact 
about such person’s or a business competitor’s 
goods or services, that is made for the purpose 
of obtaining approval for, promoting, or secur-
ing sales or leases of, or commercial trans-
actions in, the person’s goods or services, or the 
statement or conduct was made in the course of 
delivering the person’s goods or services; and 
‘‘(B) arises out of the sale or lease of 
goods, services, or an insurance product, insur-
ance services, or a commercial transaction in 
which the intended audience is an actual or po-
tential buyer or customer. 
‘‘(3) PUBLIC INTEREST.—Except as provided in 
subsection (c), the court shall not grant a special 
motion to dismiss under this section if the claim is 
a public interest claim. 
‘‘(c) LIMITATIONS ON EXCEPTIONS.—Paragraphs (2) 
and (3) of subsection (b) shall not apply as to— 
‘‘(1) any claim against a person or entity en-
gaged in the dissemination of ideas or expression in 
any book or academic journal, while engaged in the 
gathering, receiving, or processing of information for 
communication to the public; 
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‘‘(2) any claim against any person or entity 
based upon statements or conduct concerning the 
creation, dissemination, exhibition, advertisement, or 
other similar promotion of journalistic, consumer 
commentary, dramatic, literary, musical, political, or 
artistic works, including motion pictures, television 
programs, or articles published online or in a news-
paper or magazine of general circulation; or 
‘‘(3) any claim against a nonprofit organization 
that receives more than 50 percent of annual rev-
enue grants or awards from, programs of, or reim-
bursements for services rendered to the Federal, 
State, or local government. 
‘‘(d) TIME LIMIT.—Unless the court grants an exten-
sion, a motion to dismiss a SLAPP suit shall be filed— 
‘‘(1) not later than 45 days after the date of 
service of the claim, if the claim is filed in a Federal 
court; or 
‘‘(2) not later than 30 days after the date of re-
moval, if the claim is removed to Federal court 
under section 4206. 
‘‘(e) HEARING.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the court shall set a hearing on 
a special motion to dismiss a SLAPP suit on a date 
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not later than 30 days after the date of service of 
the special motion to dismiss a SLAPP suit. 
‘‘(2) HEARING
POSTPONED.—Except as pro-
vided in paragraph (3), the court may postpone the 
hearing for up to 60 days, but shall set the hearing 
on a date that is not later than 90 days after the 
date of service of the special motion to dismiss a 
SLAPP suit, if— 
‘‘(A) the docket conditions of the court re-
quire a later hearing; 
‘‘(B) there is a showing of good cause; or 
‘‘(C) the parties agree to postpone the 
hearing. 
‘‘(3) EXTENSION FOR DISCOVERY.—If the court 
allows specified discovery under subsection (a) of 
section 4203, the court may extend the hearing date 
to allow specified discovery under that subsection, 
but the court shall set the hearing on a date not 
later than 120 days after the date of service of the 
special motion to dismiss a SLAPP suit. 
‘‘(f) RULING.—The court must rule on a special mo-
tion to dismiss a SLAPP suit not later than 30 days after 
the date on which the final paper is required to be filed 
or the date argument is heard, whichever is later. 
‘‘(g) EVIDENCE.— 
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‘‘(1) IN GENERAL.—In determining whether a 
legal action should be dismissed under this chapter, 
the court shall consider the pleadings and affidavits 
stating the facts on which the liability or defense is 
based. 
‘‘(2) DISCOVERY.—If the court has ordered 
specified discovery pursuant to section 4203, the 
court may consider such discovery. 
‘‘§ 4203. Stay of discovery 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), upon the filing of a special motion to dismiss under 
section 4202, discovery proceedings in the action shall be 
stayed until a final and unappealable order is entered on 
such motion unless good cause is shown for specified dis-
covery. 
‘‘(b) EXCEPTION.—A stay issued under subsection 
(a) based on the filing of a special motion to dismiss under 
section 4202, that only seeks dismissal of a third-party 
claim or a cross claim asserted by a defendant shall only 
apply to discovery that is requested by the party asserting 
the third-party claim or cross claim or discovery that re-
lates solely to the third-party claim or cross claim. 
‘‘§ 4204. Interlocutory appeal 
‘‘An aggrieved party may take an immediate inter-
locutory appeal from an order granting or denying in 
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whole or in part a special motion to dismiss under section 
4202. 
‘‘§ 4205. Motion to quash 
‘‘A person whose personally identifying information 
is sought in connection with a claim subject to the proce-
dure described in section 4202(a) may at any time file 
a motion to quash the order to produce the information. 
If the party filing a motion to quash makes a prima facie 
showing that the order is for personally identifying infor-
mation, then the motion shall be granted and the order 
to produce the personally identifying information shall be 
quashed, unless the responding party demonstrates with 
an evidentiary showing that the claim is likely to succeed 
on the merits of each and every element of the claim, in 
which case the motion to quash shall be denied. No deter-
minations made in deciding a motion to quash under this 
section shall impede or otherwise diminish the availability 
of the procedures described in section 4202(a). 
‘‘§ 4206. Removal 
‘‘(a) SPECIAL MOTION TO DISMISS SLAPP SUIT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a civil action in a State court that raises 
a claim described in section 4202(a) may be removed 
to the district court of the United States for the ju-
dicial district and division embracing the place where 
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the civil action is pending. The grounds for removal 
provided in this section need not appear on the face 
of the complaint but may be shown in the petition 
for removal. 
‘‘(2) EXCEPTION.—Removal may not be re-
quested under paragraph (1) on the basis of a third- 
party claim or a cross claim asserted by a defendant. 
‘‘(3) REMAND.—If a civil action is removed 
under paragraph (1) and an order denying in its en-
tirety a motion to dismiss filed under section 4202 
is not appealed within the time permitted by law or 
all potential appellate proceedings have been ex-
hausted, the court shall remand the remaining 
claims to the State court from which the civil action 
was removed. The remaining claims shall not be re-
manded to State court if the order granted a motion 
to dismiss in part and such order is not appealed 
within the time permitted by law or all potential ap-
pellate proceedings have been exhausted. 
‘‘(b) MOTION TO QUASH.—A proceeding in a State 
court in which a request or order that reasonably appears 
to be a request or order described in section 4205 is 
sought or issued may be removed to the district court of 
the United States for the judicial district and division em-
bracing the place where the civil action is pending by any 
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person that seeks to file a motion to quash under section 
4205 and asserts a defense based on the First Amendment 
to the Constitution or laws of the United States. 
‘‘§ 4207. Fees, costs, and sanctions 
‘‘(a) ATTORNEYS FEES.—Except as provided in sub-
section (c), a court shall award a person that files and 
prevails on a motion to dismiss under section 4202 or a 
motion to quash under section 4205, litigation costs, ex-
pert witness fees, and reasonable attorneys fees. A party 
shall be a prevailing party as to a special motion to dismiss 
or to quash if a claim or discovery request is voluntarily 
dismissed or withdrawn after the filing of a special motion 
to dismiss. 
‘‘(b) FRIVOLOUS MOTIONS TO DISMISS.—Except as 
provided in subsection (c), if a court finds that a motion 
to dismiss under section 4202, a motion to quash under 
section 4205, or a notice of removal under section 4206 
is frivolous or is solely intended to cause unnecessary 
delay, the court shall award litigation costs, expert witness 
fees, and reasonable attorneys fees to the party that re-
sponded to the motion or notice. 
‘‘(c) EXCEPTION.—The Federal Government and the 
government of a State, or political subdivision thereof, 
may not recover litigation costs, expert witness fees, or 
attorneys fees under this section. 
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‘‘§ 4208. Definitions 
‘‘In this chapter: 
‘‘(1) MATTER OF PUBLIC CONCERN.—The term 
‘matter of public concern’ means an issue related 
to— 
‘‘(A) health or safety; 
‘‘(B) environmental, economic, or commu-
nity well-being; 
‘‘(C) the government; 
‘‘(D) a public official or public figure; or 
‘‘(E) a good, product, or service in the 
marketplace. 
‘‘(2) NONPROFIT
ORGANIZATION.—The term 
‘nonprofit organization’ means any organization that 
is described in section 501(c) of the Internal Rev-
enue Code of 1986 and is exempt from tax under 
section 501(a) of such Code. 
‘‘(3) PUBLIC
INTEREST
CLAIM.—The term 
‘public interest claim’ means a claim— 
‘‘(A) that is brought solely on behalf of the 
general public; 
‘‘(B) where private enforcement is nec-
essary; 
‘‘(C) that places a disproportionate finan-
cial burden on the plaintiff in relation to the 
plaintiff’s stake in the matter; 
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‘‘(D) that, if successful, enforces an impor-
tant right affecting the public interest and con-
fers a significant benefit on the general public; 
and 
‘‘(E) notwithstanding attorneys fees, costs, 
or penalties, would provide relief only for the 
general public or a class of which the plaintiff 
is a member. 
‘‘(4) STATE.—The term ‘State’ means each of 
the several States, the District of Columbia, each 
commonwealth, territory, or possession of the United 
States, and each federally recognized Indian tribe.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CHAPTERS.—The table of chap-
ters for part VI of title 28, United States Code, is 
amended by inserting after the item relating to 
chapter 181 the following new item: 
‘‘182. Special 
Motion 
to 
dismiss 
strategic 
lawsuits 
against public participation .............................. 4201’’. 
(2) 
INTERLOCUTORY
DECISIONS.—Section 
1292(a) of title 28, United States Code, is amend-
ed— 
(A) in paragraph (1), by striking the semi-
colon at the end and inserting a period; 
(B) in paragraph (2), by striking the semi-
colon at the end and inserting a period; and 
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(C) by adding at the end the following: 
‘‘(4) Interlocutory orders granting or denying in 
whole or in part special motions to dismiss under 
section 4202.’’. 
(3) 
EXCEPTIONS
TO
DISCHARGE.—Section 
523(a) of title 11, United States Code, is amend-
ed— 
(A) in paragraph (18), by striking ‘‘; or’’ 
at the end and inserting a semicolon; 
(B) in paragraph (19), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by inserting after paragraph (19) the 
following: 
‘‘(20) for litigation costs, expert witness fees, or 
reasonable attorney’s fees awarded by a court under 
chapter 182 of title 28 or under comparable State 
laws.’’. 
(c) RELATIONSHIP TO OTHER LAWS.—Nothing in 
this Act, or the amendments made by this Act, shall pre-
empt or supersede any Federal or State statutory, con-
stitutional, case, or common law that provides the equiva-
lent or greater protection for persons engaging in activities 
protected by the First Amendment to the Constitution of 
the United States. 
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(d) RULE OF CONSTRUCTION.—This Act, and the 
amendments made by this Act, shall be construed broadly 
to effectuate the purpose and intent of this Act. 
Æ 
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