This bill establishes new procedures for anti-SLAPP (Strategic Lawsuit Against Public Participation) actions in South Dakota, aimed at protecting individuals' constitutional rights, particularly freedom of speech. It introduces a new chapter in Title 15 that defines "protected public expression" and outlines the circumstances under which these provisions apply. Specifically, it includes communications made in governmental proceedings, discussions on issues under review, and expressions related to matters of public concern. However, the bill also specifies exceptions where these provisions do not apply, such as actions against government entities or employees acting in an official capacity, and cases involving businesses related to the sale or lease of goods or services.
The bill further details the process for filing a special motion for expedited relief to dismiss a cause of action, including timelines for hearings and the conditions under which stays of proceedings may be granted. It mandates that courts rule on these motions within specified timeframes and allows for appeals from orders denying such motions. Additionally, it stipulates that the court must award costs and attorney fees to the prevailing party in these motions, reinforcing the intent to protect free speech and public participation. The provisions are designed to be broadly construed to uphold the rights guaranteed by both the United States and South Dakota Constitutions.