[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10310 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10310
To amend title 28, United States Code, to establish a procedure to
dismiss and deter strategic lawsuits against public participation, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 5, 2024
Mr. Raskin (for himself and Mr. Kiley) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to establish a procedure to
dismiss 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 the ``Free Speech Protection Act''.
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 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.
``Sec. 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
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,
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 `government entity'
means--
``(A) the Government of the United States;
``(B) a State or subdivision of a State, including
a county or municipality;
``(C) a Federal or State government corporation,
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.
``Sec. 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 responding party of its intent to file such a
special motion to dismiss with respect to a claim. The moving
party may not file a special motion to dismiss until the day
after the expiration of the 5-day period, before which the
responding party may withdraw or amend the claim in accordance
with applicable court rules.
``(2) Filing.--A special motion to dismiss pursuant 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).
``(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 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) Stay involving another party.--On motion by the
moving party, the court may stay a hearing or motion involving
another party, or discovery 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 discovery related to
the motion if a party shows that specific information
is necessary to establish 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 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 consideration by the court of the
special motion to dismiss.
``(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 establishing that
the claim at issue is based on, or in response 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, administrative,
or other governmental proceeding; or
``(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 judgment 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 silence 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.
``Sec. 4203. 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 claim
arises out of the person's sale, lease, or representation 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 for acts or omissions conducted on behalf of a
government entity or under color of law;
``(3) under the citizen suit provision of a Federal 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);
``(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, 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,
journalistic, or artistic work.
``Sec. 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 entitled 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 circumstances 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 silence or intimidate the moving party or other speakers to be
entitled to such an award.
``(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
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 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 may
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. 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.--Nothing 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 4201''.
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 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 defined in section 4201 of title 28,
United States Code, as added by section 2 of this Act, filed on or
after the date of enactment of this Act.
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