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 
AND 
DETER 
STRATEGIC 
LAWSUITS 
AGAINST PUBLIC PARTICIPATION 
‘‘Sec. 
‘‘4201. Definitions. 
‘‘4202. Special motion to dismiss a strategic lawsuit against public participation. 
‘‘4203. Exceptions. 
‘‘4204. Fees. 
‘‘4205. Preservation of rights. 
‘‘§ 4201. 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 constitutional exercise 
of one or more of the acts described in section 
4202(c)(2), by subjecting that party to meritless liti-
gation. 
‘‘(2) CLAIM.—The term ‘claim’ means any civil 
action, complaint, cause of action, counterclaim, or 
other court filing seeking damages, declaratory re-
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lief, or equitable relief, including any individual 
causes of action. 
‘‘(3) MATTER OF PUBLIC CONCERN.—The term 
‘matter of public concern’ means an issue that— 
‘‘(A) can be fairly considered as relating to 
any matter of political, social, health or safety, 
or other concern to the community; 
‘‘(B) is of legitimate news interest; or 
‘‘(C) is a subject of general interest and of 
value and concern to the public. 
‘‘(4) GOVERNMENT
ENTITY.—The term ‘gov-
ernment entity’ means— 
‘‘(A) the Government of the United States; 
‘‘(B) a State or subdivision of a State, in-
cluding a county or municipality; 
‘‘(C) a Federal or State government cor-
poration, branch, department, or agency; 
‘‘(D) a public institution; or 
‘‘(E) 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. 
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‘‘§ 4202. Special motion to dismiss a strategic lawsuit 
against public participation 
‘‘(a) SPECIAL MOTION TO DISMISS.— 
‘‘(1) NOTICE OF INTENT TO FILE.—Not later 
than 5 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 re-
sponding party of its intent to file such a special 
motion to dismiss with respect to a claim. The mov-
ing party may not file a special motion to dismiss 
until the day after the expiration of the 5-day pe-
riod, before which the responding party may with-
draw or amend the claim in accordance with applica-
ble court rules. 
‘‘(2) FILING.—A special motion to dismiss pur-
suant to this chapter shall be filed not later than the 
date that is the later of— 
‘‘(A) 60 days after the date of service of 
the pleading that states the claim alleged to be 
a SLAPP; or 
‘‘(B) 60 days after the date of removal of 
the case to Federal court. 
‘‘(3) GOOD
CAUSE.—Upon motion by either 
party and for good cause, the court may extend the 
period described under paragraph (2). 
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‘‘(b) 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) STAY
INVOLVING
ANOTHER
PARTY.—On 
motion by the moving party, the court may stay a 
hearing or motion involving another party, or dis-
covery by another party, if the hearing or motion 
would adjudicate, or the discovery would relate to, 
an issue material to the motion under this section. 
‘‘(3) EXCEPTIONS.— 
‘‘(A) LIMITED DISCOVERY.—Upon motion 
by either party, the court may allow limited dis-
covery related to the motion if a party shows 
that specific information is necessary to estab-
lish whether a party has satisfied or failed to 
satisfy a burden under subsection (c) and the 
information is not reasonably available unless 
discovery is allowed. The court may not allow 
discovery of information about the confidential 
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sources of a reporter or work product, or any 
other information that is privileged under State 
or Federal law. 
‘‘(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. 
‘‘(c) CONSIDERATION OF MOTION.—The court shall 
grant the special motion to dismiss and dismiss the claim 
with prejudice if— 
‘‘(1) the responding party fails to establish that 
an exception under section 4203 applies; 
‘‘(2) the moving party presents evidence estab-
lishing that the claim at issue is based on, or in re-
sponse to, the party’s— 
‘‘(A) exercise of a constitutional right in a 
legislative, executive, judicial, administrative, or 
other governmental proceeding; 
‘‘(B) exercise of a constitutional right to 
communicate on an issue under consideration or 
review in a legislative, executive, judicial, ad-
ministrative, or other governmental proceeding; 
or 
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‘‘(C) exercise of the constitutional right of 
freedom of speech or of the press, the right to 
assemble or petition, or the right of association, 
on a matter of public concern; and 
‘‘(3)(A) the responding party fails to present 
evidence establishing a prima facie case regarding 
each element of the claim; or 
‘‘(B) the moving party establishes that— 
‘‘(i) the responding party failed to state a 
claim upon which relief can be granted; or 
‘‘(ii) there is no genuine issue of material 
fact and the moving party is entitled to judg-
ment as a matter of law on the claim. 
‘‘(d) NO REQUIREMENT
FOR MOVING PARTY TO 
DEMONSTRATE INTENT.—The moving party does not 
need to demonstrate the responding party’s intent to si-
lence or intimidate the moving party in order to prevail 
on the motion. 
‘‘(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 conditions, any specified discovery, 
or other good cause requires a ruling at a later date. 
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‘‘§ 4203. 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 claim arises out of the person’s sale, 
lease, or representation of commercial goods or serv-
ices; 
‘‘(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 for acts or omissions conducted 
on behalf of a government entity or under color of 
law; 
‘‘(3) under the citizen suit provision of a Fed-
eral or state statute; 
‘‘(4) under the Securities and Exchange Act of 
1934 (15 U.S.C. 78a et seq.), the Securities Act of 
1933 (15 U.S.C. 77a et seq.), or a State securities 
law and based on filings or communications with 
government regulatory agencies; 
‘‘(5) for recovery for wrongful death, except for 
a claim arising solely out of a constitutional right of 
a moving party listed in section 4202(c)(2); 
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‘‘(6) by an employee against that individual’s 
employer or former employer for an issue arising 
from the employment relationship; or 
‘‘(7) 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. 
‘‘(b) LIMITATIONS ON EXCEPTIONS.—This chapter 
shall apply to a claim asserted under paragraph (1), (2), 
(3), (4), or (5) 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, journalistic, or artistic work. 
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‘‘§ 4204. 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. 
Such a presumption may 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. The moving party does not 
need to demonstrate the responding party’s intent to si-
lence or intimidate the moving party or other speakers to 
be entitled to such an award. 
‘‘(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 4202(d) or the 
responding party voluntarily withdraws the claim after the 
motion is filed consistent with section 4202(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 may be rebutted by a showing that such an 
award would be unreasonable or that special cir-
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cumstances exist that would make such an award unjust, 
as determined by the court. 
‘‘§ 4205. Preservation of rights 
‘‘(a) SAVINGS CLAUSE.—‘‘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. 
‘‘(b) SANCTIONS AND AWARD OF EXPENSES.—Noth-
ing in this chapter shall preclude the parties from seeking 
sanctions or an award of expenses under rule 11 of the 
Federal Rules of Civil Procedure.’’. 
(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 and deter strategic lawsuits 
against public participation .............................. 4201’’. 
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 rights under the U.S. Constitution. 
SEC. 4. EFFECTIVE DATE; APPLICABILITY. 
This Act and the amendments made by this Act shall 
take effect on the date of enactment of this Act and shall 
apply to any application for dismissal of a SLAPP, as de-
fined in section 4201 of title 28, United States Code, as 
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added by section 2 of this Act, filed on or after the date 
of enactment of this Act. 
Æ 
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