The proposed bill aims to establish the West Virginia Public Participation Act, which is designed to protect individuals and entities exercising their constitutional rights of free speech, petition, and association from strategic lawsuits against public participation (SLAPP). The bill introduces a new article to the Code of West Virginia, outlining legislative findings that emphasize the importance of encouraging public participation in matters of significance while safeguarding the right to file legitimate lawsuits for demonstrable injuries. It defines key terms related to claims, defendants, and the rights of free speech and association, and sets forth procedures for litigants to petition for the dismissal of SLAPPs, including the establishment of burdens of proof and judicial review processes.

Additionally, the bill stipulates that if a court dismisses a SLAPP, the defending party is entitled to recover costs and attorney fees, while also allowing for the possibility of sanctions against frivolous petitions. The act includes specific limitations on its applicability, excluding certain types of actions such as those related to personal injury, family law, and defamation claims. Overall, the West Virginia Public Participation Act seeks to create a legal framework that encourages civic engagement and protects individuals from abusive legal actions that may deter their participation in public discourse.

Statutes affected:
Introduced Version: 55-22-1, 55-22-2, 55-22-3, 55-22-4, 55-22-5, 55-22-6, 55-22-7, 55-22-8