HB 1475-FN establishes legal process for preventing strategic lawsuits against public participation (SLAPP) as qualified immunity from suit, prosecution, and liability for any defendant or counter-defendant in any action that impacts their First Amendment rights. The bill allows a party to bring a special motion to dismiss if they assert that the claims against them are based on their exercise of their right of petition or freedom of speech in connection with a matter of public concern. The bill also establishes procedural rules for the application of the anti-SLAPP substantive immunity in all courts in the state.
The bill requires a separate motion to be filed, accompanied by an affidavit, to demonstrate the need for specific discovery and why it cannot be gathered in any other way. If the motion lacks specificity, it must be denied and the non-moving party will be awarded reasonable attorneys' fees. The bill also allows for a separate action or counterclaim to be brought by a party who wishes to invoke the anti-SLAPP law. If successful, the court may award statutory damages, compensatory damages, additional damages to deter future SLAPP suits, and attorneys' fees and costs. The bill also includes provisions for cases filed in other jurisdictions and retroactivity. The fiscal impact of the bill is indeterminable.