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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Securing Participation, Engagement,
and Knowledge Freedom by Reducing Egregious Efforts Act of 2015'' or
the ''SPEAK FREE Act of 2015''.

SEC. 2. SPECIAL MOTION TO DISMISS 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--SPECIAL MOTION TO DISMISS 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.
''Sec. 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 expression, 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.
''Sec. 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 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 written 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 section 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 provided 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
conduct of such person and such statement or conduct--
''(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 securing sales or leases
of, or commercial transactions 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, insurance services,
or a commercial transaction in which the intended
audience is an actual or potential 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 engaged 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;
''(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
newspaper or magazine of general circulation; or
''(3) any claim against a nonprofit organization that
receives more than 50 percent of annual revenue grants or
awards from, programs of, or reimbursements for services
rendered to the Federal, State, or local government.
''(d) Time Limit.--Unless the court grants an extension, 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 removal, if
the claim is removed to Federal court under section 4206.
''(e) Hearing.--
''(1) In general.--Except as provided in paragraphs (2) and
(3), the court shall set a hearing on a special motion to
dismiss a SLAPP suit on a date not later than 30 days after the
date of service of the special motion to dismiss a SLAPP suit.
''(2) Hearing postponed.--Except as provided 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 require 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 motion 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.--
''(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.
''Sec. 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 discovery.
''(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
relates solely to the third-party claim or cross claim.
''Sec. 4204. Interlocutory appeal
''An aggrieved party may take an immediate interlocutory appeal
from an order granting or denying in whole or in part a special motion
to dismiss under section 4202.
''Sec. 4205. Motion to quash
''A person whose personally identifying information is sought in
connection with a claim subject to the procedure 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 information, 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 determinations 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).
''Sec. 4206. Removal
''(a) Special Motion To Dismiss SLAPP Suit.--
''(1) In general.--Except as provided in paragraph (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 judicial district and division embracing
the place where 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 requested 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 entirety a motion to dismiss
filed under section 4202 is not appealed within the time
permitted by law or all potential appellate proceedings have
been exhausted, the court shall remand the remaining claims to
the State court from which the civil action was removed. The
remaining claims shall not be remanded 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
appellate 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 embracing the place where the civil action is pending by any
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.
''Sec. 4207. Fees, costs, and sanctions
''(a) Attorneys Fees.--Except as provided in subsection (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, expert 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 responded
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.
''Sec. 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 community 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 Revenue 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 necessary;
''(C) that places a disproportionate financial
burden on the plaintiff in relation to the plaintiff's
stake in the matter;
''(D) that, if successful, enforces an important
right affecting the public interest and confers 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 chapters 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 4201''.
public participation.
(2) Interlocutory decisions.--Section 1292(a) of title 28,
United States Code, is amended--
(A) in paragraph (1), by striking the semicolon at
the end and inserting a period;
(B) in paragraph (2), by striking the semicolon at
the end and inserting a period; and
(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 amended--
(A) in paragraph (18), by striking ''; or'' at the
end and inserting a semicolon;
(B) in paragraph (19), by striking the period 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 preempt or supersede any Federal or
State statutory, constitutional, case, or common law that provides the
equivalent or greater protection for persons engaging in activities
protected by the First Amendment to the Constitution of the United
States.
(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.
Output:
Securing Participation, Engagement, and Knowledge Freedom by Reducing Egregious Efforts Act of 2015 or the SPEAK FREE Act of 2015 Amends the federal judicial code to allow a person against whom a lawsuit is asserted to file a special motion to dismiss claims referred to as strategic lawsuits against public participation ("SLAPP suits") that arise from an oral or written statement or other expression, or conduct in furtherance of such expression, by the defendant in connection with an official proceeding or about a matter of public concern. Defines "matter of public concern" as an issue related to: (1) health or safety; (2) environmental, economic, or community well-being; (3) the government; (4) a public official or public figure; or (5) a good, product, or service in the marketplace. Requires courts to grant such a special motion to dismiss if the party filing the motion makes a prima facie showing that the claim asserted against them is a SLAPP suit, unless the responding party demonstrates that the claim is likely to succeed on the merits. Provides exceptions prohibiting courts from granting such a special motion to dismiss if the claim concerns: a government enforcement action, a business making representations of fact in commercial speech to consumers about its own or a business competitor's goods or services, or a public interest claim on behalf of the general public. Allows dismissal of private suits, notwithstanding such commercial speech and public interest exceptions, if the claim is against: a person or entity engaged in activities to disseminate or express ideas to the public in a book or academic journal; any person or entity based upon statements or conduct concerning the creation, dissemination, exhibition, advertisement, or other promotion of journalistic, consumer commentary, dramatic, literary, musical, political, or artistic works, including motion pictures, television programs, or articles published online or in a newspaper or magazine of general circulation; or a nonprofit organization that receives more than 50% of annual revenue grants or awards from, programs of, or reimbursements for services rendered to the government. Sets forth special procedural requirements for discovery and motions. Requires courts to award litigation costs, expert witness fees, and reasonable attorney's fees to private parties that filed and prevailed on certain motions under this Act or to parties that responded to motions found to be frivolous.