SLAPP Protection Act of 2022
Bill: H.R.8864 | Sponsor: Rep. Raskin, Jamie (D-MD)
Policy area: Law

Summary:
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.

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.
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